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      <title>New York Injury Talk Blog</title>
      <link>http://www.nyinjurytalk.com/</link>
      <description>Published by Wingate, Russotti &amp; Shapiro LLP</description>
      <language>en</language>
      <copyright>Copyright 2010</copyright>
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         <title>Traumatic Brain Injuries Have Long-Term Effects</title>
         <description><![CDATA[<p>Brain injury is called "the silent epidemic" for a reason. According to the U.S. Centers for Disease Control, more than 5.3 million Americans are living with long-term disabilities because of traumatic brain injuries. Every year, according to the CDC, at least 1.4 million people in the United States suffer a traumatic brain injury, more than the number of people who suffer heart attacks. Very often, the problem of traumatic brain injury is underestimated or dismissed.</p>

<p>More than 40 percent of traumatic brain injuries are caused by auto accidents, which is the most common cause of this type of injury. A <a href="http://www.new-york-brain-injury-lawyers.com/">traumatic brain injury in New York</a> can result in changes to how a person processes information. Speech can become slurred. Thinking can be slowed down. Short-term memory can be completely lost in some cases. Judgment can become impaired. Almost always, brain-injured patients need extensive therapy, which dramatically increases the cost of treating this condition as well. And even so, the therapy only helps these injured victims cope with their brain injury. Brain damage is forever.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/02/traumatic_brain_injuries_have_long_term_effects.html</link>
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         <category>Brain Injuries</category>
         <pubDate>Thu, 04 Feb 2010 16:25:14 -0500</pubDate>
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         <title>Rhode Island Hospital Fined for Wrong-Site Surgery</title>
         <description><![CDATA[<p>The Associated Press reports that Rhode Island's largest hospital was recently fined $150,000 and ordered to install video cameras in all its operating rooms after surgeons at the hospital performed their fifth wrong-site surgery since 2007. This is Rhode Island Hospital's second fine for wrong-site surgeries. The hospital was also fined $50,000 after its brain surgeons operated on the wrong part of the heads of three patients in 2007. The most recent incident apparently involved a patient who was scheduled to have surgery on two fingers. The surgeon performed both surgeries on the same finger instead.</p>

<p>These incidents show nothing short of a complete breakdown in protocols and procedures at this Rhode Island hospital. The surgical team failed to mark the proper part where the surgery was to take place. The team also did not take the necessary "timeout" to make sure they were operating on the correct body part.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/02/rhode_island_hospital_fined_fo.html</link>
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         <category>Medical Malpractice</category>
         <pubDate>Tue, 02 Feb 2010 07:00:00 -0500</pubDate>
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         <title>Toyota Accelerator Defect Results In Voluntary Recall</title>
         <description><![CDATA[<p>Vehicle safety is an issue that many motorists take for granted. We trust that auto manufacturers have rigorously tested their products, ensuring the safety of consumers as a consequence. However, as the most recent safety recall issued by Toyota illustrates, faulty design is not always caught by auto manufacturers before its products are introduced and sold to the public.</p>

<p>The National Highway Traffic Safety Administration reports that between 2006 and 2009, 13 Toyota vehicles have been involved in fatal accidents stemming from gas pedal sticking. Due to statistics such as these and additional reports of serious accidents involving Toyota’s accelerator defects has resulted in  Toyota recently recalling over 2.3 million vehicles, specifically the 2009-2010 RAV4, Corolla and Matrix models; the 2005-2010 Avalon; 2010 Highlander; 2007-2010 Tundra and the 2008-2010 Sequoia; and some 2007-2010 Camrys .  This recall comes after an earlier recall that was announced in November 2009 of floor mats that Toyota had indicated were at risk of becoming lodged underneath gas pedals, causing them to accelerate uncontrollably. </p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/02/toyota_accelerator_defect_voluntary_recall_new_york_auto_part_injury_lawyers.html</link>
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         <category>Auto Product Liability</category>
         <pubDate>Mon, 01 Feb 2010 14:55:07 -0500</pubDate>
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         <title>Cadmium-Tainted Children&apos;s Products under Scrutiny</title>
         <description><![CDATA[<p>An Associated Press news report has shown that children's jewelry sold in retailers such as Wal-Mart, Claire's and New York City dollar stores is tainted with a dangerous, poisonous metal called cadmium. What is cadmium? It is a substance, which has been listed number seven on the U.S. Centers for Disease Control's (CDC) top 200 hazardous substances. Federal regulators really cracked down on lead-tainted toys last year. So more and more Chinese toy makers are now resorting to cadmium, which is extremely toxic even in low doses. </p>

<p>The AP report says children can get persistent low-level doses by regularly sucking or biting jewelry with a high cadmium content. The news agency conducted lab tests on cadmium jewelry bought at stores including several in New York. The investigation showed that out of 103 pieces of costume jewelry, 12 contained at least 10 percent cadmium, which can cause brain damage and kidney failure in young children. A day after this report came out, Wal-Mart pulled several suspect items off its shelves. Cadmium exposure at high levels can even cause cancer, experts say.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/01/cadmiumtainted_childrens_produ.html</link>
         <guid>http://www.nyinjurytalk.com/2010/01/cadmiumtainted_childrens_produ.html</guid>
         <category>Product Liability &amp; Recalls</category>
         <pubDate>Thu, 28 Jan 2010 07:00:00 -0500</pubDate>
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         <title>New York Car Accident Kills Toddler</title>
         <description><![CDATA[<p>An 18-month-old girl died and her mother was severely injured in a three-car accident in Staten Island, the New York Daily News reports. The fatal auto accident occurred on the northbound Martin Luther King Expressway near the Staten Island Expressway when two minivans collided and were then struck by a Cadillac sedan driven by the 32-year-old mom. The mother suffered a severely broken leg. Her daughter was transported to a local hospital where she died. Family members said the girl had suffered a fractured skull. The drivers of both minivans were issued summonses for driving without a license. The men escaped with minor injuries.</p>

<p>According to the National Highway Traffic Safety Administration (NHTSA), there were 41,059 traffic accident fatalities nationwide in 2007. In New York State alone, 1,333 people died in car accidents during the same year.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/01/new_york_car_accident_kills_to.html</link>
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         <category>Wrongful Death</category>
         <pubDate>Tue, 26 Jan 2010 07:00:00 -0500</pubDate>
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         <title>1.5 Million Graco Strollers Recalled for Amputation, Laceration Danger</title>
         <description><![CDATA[<p>The Consumer Product Safety Commission (CPSC) announced on January 20, 2010 the recall of about 1.5 million Graco strollers for an amputation and laceration hazard caused by a problematic hinge mechanism. According to a huffingtonpost.com article, the recall for Graco Children’s Products Inc. strollers includes certain model numbers of its Passage, Alano and Spree Strollers and Travel Systems. The model numbers and manufacture dates can be found on the lower inside portion of the stroller’s rear frame, which is above the back wheels. Consumers are being told to discontinue use of the strollers or contact PA-based Graco for a free repair kit.</p>

<p>The recalled strollers were sold between October 2004 and December 2009 at several stores including Wal-Mart, Target, AAFES, Burlington Coat Factory, Babies R Us, Toys R Us, Kmart, Sears, and many others. The recall was issued after seven incidents were reported of children either having their fingertips amputated or cut from putting their fingers in a stroller’s canopy hinge when it was being opened or closed.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/01/graco_strollers_recalled_new_york_consumer_lawyers_product_injury.html</link>
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         <category>Product Liability &amp; Recalls</category>
         <pubDate>Wed, 20 Jan 2010 16:22:41 -0500</pubDate>
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         <title>NY Makes Changes to Licensing Laws</title>
         <description><![CDATA[<p>Starting February 22, 2010, New York State is making some changes to its licensing laws. According to a news report in the Pall Times, the state is stepping up the standards for young drivers to get their driver's licenses. This comes after more than five years of statistical evidence that young drivers, specifically teens, are at greater risk of dying in car accidents than any other age group. </p>

<p>The new law allows only one non-family passenger under the age of 21 to be present in a vehicle operated by a junior license holder when he or she is not accompanied by a parent or guardian. Recent studies have shown that the presence of teen passengers in a vehicle driven by a teenager increases the chances of a car accident. Also, the new law requires that a junior permit must be held for six months before a license can be issued. This new approach should help give the driver more time to gain experience and much-needed practice behind the wheel. Also, the supervised driving requirement before the road test will increase from 20 to 50 hours.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/01/ny_makes_changes_to_licensing.html</link>
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         <category>Law &amp; Information</category>
         <pubDate>Tue, 19 Jan 2010 07:00:00 -0500</pubDate>
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         <title>Staten Island Car Accident Injures Young Mother</title>
         <description><![CDATA[<p>A woman suffered injuries in a Staten Island car accident after an out-of-control SUV plowed through the glass window of a store in Mariners Harbor and pinned her. According to a news report in the Staten Island Advance, the woman was waiting in line for the cashier with her toddler son and another young son close by. Thankfully, no one else was injured in this horrific car accident. The driver of the SUV, described by officials as an elderly female driver, sustained minor injuries. Firefighters had to free the young mom from under the SUV. An investigation is ongoing.</p>

<p><a href="http://www.wrslaw.com/wrs.practice05.html">New York car accident lawyers</a> know that a majority of auto accidents are caused as a result of someone else's negligence. In this particular case, we do not know what caused the elderly driver to go through the storefront. However, if the woman is found to be at-fault, under New York law, she could be held liable for the injuries and damages caused in this car accident. </p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/01/staten_island_car_accident_inj.html</link>
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         <category>Automobile Accidents</category>
         <pubDate>Thu, 14 Jan 2010 07:00:00 -0500</pubDate>
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         <title>New York Bus Accident Injures Nine Children</title>
         <description><![CDATA[<p>Nine preschool kids, a matron, and their bus driver sustained injuries in a New York car accident after the driver of a sedan ran a stop sign. The sedan then rammed into the bus and caused it to flip over on its side. According to a news report in the Times Newsweekly, the accident occurred in the Middle Village area on 69th Road. The female driver of the sedan was heading northbound on 75th Street. Apparently, this intersection has been the site of several other serious auto accidents in recent years. The hazardous roadway has even prompted residents to call repeatedly for installation of a traffic control device in the area. The nine children, matron and bus driver were transported to an area hospital for treatment of non-life-threatening injuries. The driver of the sedan suffered minor injuries. </p>

<p>City officials say they have sent several letters to the Queens Borough Commissioner for the Department of Transportation requesting traffic safety control devices at that intersection, which has also been the site of a fatal motorcycle accident in 2008. However, the Department of Transportation has not responded to requests for an all-way stop sign, speed bump or conversion of 69th Road to a one-way street.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/01/new_york_bus_accident_injures.html</link>
         <guid>http://www.nyinjurytalk.com/2010/01/new_york_bus_accident_injures.html</guid>
         <category>Bus Accidents</category>
         <pubDate>Tue, 12 Jan 2010 13:24:29 -0500</pubDate>
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         <title>MTA Stats Show Auto Accidents and Injuries Have Increased on the Verrazano</title>
         <description><![CDATA[<p>The MTA has released new figures showing accidents by each crossing, which show that the Verrazano Narrows saw the greatest increases in the number of accidents. According to a news report in the New York Post, there were 57 more accidents and 17 more injuries there in 2009 than there were in 2008. The RFK Bridge, on the other hand, saw large decreases with 78 less auto accidents and 10 less injuries during the same period. The Bronx-Whitestone, Cross Bay, Marine Parkway, the Queens Midway Tunnel and Throgs Neck Bridges also saw increases in the number of incidents. Officials believe speeding and reckless drivers cause most of the problems on the Verrazano and say they will deploy more MTA officers who will enforce the speed limit there.</p>

<p>Statistical studies are a great yardstick for cities and agencies to measure the safety of their roadways, intersections and crossings. Numbers don't lie. Agencies rely on numbers to determine trends and figure out how to make those roadways safer for the traveling public. It's a significant tool in their arsenal. However, despite these studies and reports, often we find that very little is done to actually improve traffic safety. Dangerous and defective roadways cause hundreds if not thousands of auto accidents in New York City.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/01/mta_stats_show_auto_accidents.html</link>
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         <category>Automobile Accidents</category>
         <pubDate>Thu, 07 Jan 2010 07:00:00 -0500</pubDate>
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         <title>Elderly Pedestrian Struck and Killed by Ambulance</title>
         <description><![CDATA[<p>An elderly woman sustained fatal injuries in a New York auto accident after she was hit by an ambulance that was transporting a patient to the hospital, according to a WPIX news report. The woman was reportedly crossing Bay Parkway at Belt Parkway in Brooklyn when she was hit. The victim was transported to a local hospital where she was pronounced dead. Officials believe that the woman was in her 80s. Officials are apparently trying to determine whether the ambulance had its lights and sirens on at the time of the accident.</p>

<p>Pedestrian accidents can result in devastating injuries including traumatic brain injury, spinal cord injuries, broken bones, paralysis and even death. If a pedestrian accident was caused by the negligence of the driver, then the pedestrian may be able to seek compensation to cover medical expenses, loss of wages, cost of hospitalization, therapy and other related costs. If the victim dies as a result of a negligent driver, the family of a deceased victim may be able to file a wrongful death claim seeking compensation. </p>]]></description>
         <link>http://www.nyinjurytalk.com/2010/01/elderly_pedestrian_struck_and.html</link>
         <guid>http://www.nyinjurytalk.com/2010/01/elderly_pedestrian_struck_and.html</guid>
         <category>Pedestrain Accidents</category>
         <pubDate>Tue, 05 Jan 2010 21:30:13 -0500</pubDate>
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         <title>E. Coli Food Poisoning Leaves Dancer Paralyzed</title>
         <description><![CDATA[<p>A 22-year-old dancer has sued New York-based Cargill Inc. after she came down with food poisoning from eating an E. coli-tainted hamburger in 2007, which left her paralyzed. According to a news report, the woman's medical bills have already totaled to $2 million and she is likely to undergo more expenses for constant care and medical attention for the rest of her life. She apparently went through nine months of hospitalization, rehabilitation and other treatment. The E.coli infection left her with brain damage, kidney damage, and has made her unable to walk and unable to pursue her passion – dance.</p>

<p>The woman apparently ate a hamburger sold at Sam's Club at a family barbecue in 2007. The hamburger she ate was processed by Cargill. It was contaminated with a deadly strain of E. coli. The New York Times recently reported that the tainted meat came to Cargill from one of its suppliers.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2009/12/e_coli_food_poisoning_leaves_d.html</link>
         <guid>http://www.nyinjurytalk.com/2009/12/e_coli_food_poisoning_leaves_d.html</guid>
         <category>Food Borne Illness</category>
         <pubDate>Thu, 31 Dec 2009 14:02:38 -0500</pubDate>
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         <title>Car Accident Involving Tom Brokaw Caused by Debris on New York Expressway</title>
         <description><![CDATA[<p>A woman was killed in a New York City car accident involving former network news anchor Tom Brokaw, WPIX reported. The fatal auto accident occurred on the eastbound side of the Bruckner Expressway near the Sheridan Expressway. The Brokaws noticed a spool of cable in the far right lane when an SUV in the right lane speeded up in an effort to avoid the cable on the roadway. </p>

<p>The victim's SUV then crashed into a mail truck and overturned. She was ejected from the SUV and went over the highway falling onto train tracks. According to news reports, Brokaw said the mail truck swerved into their lane and he was forced to slam on the brakes causing their vehicle to crash into the mail truck. Brokaw and his wife were not injured in the accident. The female driver of the SUV died at the scene. The driver of the mail truck sustained minor injuries.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2009/12/car_accident_involving_tom_bro.html</link>
         <guid>http://www.nyinjurytalk.com/2009/12/car_accident_involving_tom_bro.html</guid>
         <category>Automobile Accidents</category>
         <pubDate>Tue, 29 Dec 2009 07:00:00 -0500</pubDate>
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         <title>New Law to Curb Drunk Driving in New York</title>
         <description><![CDATA[<p>A new law that has taken effect this month will make it a felony to drive with a blood alcohol level greater than 0.08 percent with a passenger who is under the age of 16. According to a news report, this new law, known as Leandra's Law states that a first offense will carry a potential prison sentence of up to four years; up to 15 years if a child passenger is seriously injured; and up to 25 years if the child is killed. The legislation, adopted last month, was named after Leandra Rosada, an 11-year-old girl who was killed in a Manhattan DUI car accident. </p>

<p>Drivers charged under this law will also be required to surrender their driving privileges pending prosecution. If convicted, drivers must install an ignition interlock system in the car for at least six months. According to the New York Department of Motor Vehicles, in 2008 alone, there were 9,202 alcohol-related car accidents in New York. In those crashed 488 children under the age of 18 were injured or killed.</p>]]></description>
         <link>http://www.nyinjurytalk.com/2009/12/new_law_to_curb_drunk_driving.html</link>
         <guid>http://www.nyinjurytalk.com/2009/12/new_law_to_curb_drunk_driving.html</guid>
         <category>Drunk Driving Accident</category>
         <pubDate>Thu, 24 Dec 2009 07:00:00 -0500</pubDate>
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         <title>2008 Toyota and Lexus Models Receive Most Complaints for Sudden Acceleration</title>
         <description><![CDATA[<p>A new study by Consumer Reports shows that Toyota Motor Corp. registered way more complaints regarding sudden acceleration in its 2008 model year vehicles than any other auto maker. According to a news report in the Los Angeles Times, Toyota and Lexus got 41 percent of all consumer complaints that were logged by the National Highway Traffic Safety Administration (NHTSA) that had to do with runaway acceleration. Toyota topped Chrysler, Honda, General Motors and Nissan combined with regard to this auto product defect issue. Ford came in second with 28 percent of complaints relating to sudden or inadvertent acceleration. </p>

<p>Toyota issued its largest ever <a href="http://www.newyorkautoproductliability.com/auto-recalls.html">vehicle defect recall</a> last month of 4.2 million vehicles after a fatal car accident in San Diego that killed four people. Initially, defective floor mats were thought to have caused the accelerator to jam in the Lexus involved in that particular accident. But a federal investigation determined that the problem also had to do with the way the accelerator pedals were designed in these vehicles. So far, 19 people have died in sudden acceleration accidents involving Toyotas since 2002 model year, Los Angeles Times review of records shows. </p>]]></description>
         <link>http://www.nyinjurytalk.com/2009/12/2008_toyota_and_lexus_models_r.html</link>
         <guid>http://www.nyinjurytalk.com/2009/12/2008_toyota_and_lexus_models_r.html</guid>
         <category>Auto Product Liability</category>
         <pubDate>Tue, 22 Dec 2009 19:02:28 -0500</pubDate>
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