Smiley & Smiley, LLP

October 2015 Archives

Product liability suits vs. power morcellators are consolidated

When a defect is discovered in a product, there is often a rash of claims filed in courts around the country, including usually at least one or more in New York. This often brings into play the oversight by a federal judicial panel for multidistrict litigation. When the panel decides it is appropriate, it will order centralization of the multiple product liability cases in a single district court, usually under one judge's control.

Construction accidents increase as city sees building boom

There is a historic building boom taking place in New York City. As the activity increases rapidly, the number of construction accidents has increased precipitously. Available site-safety inspectors are at a premium, and the number of worker deaths at construction sites has gone up. During the federal fiscal year from Oct. 1, 2014 through Sept. 30, 2015, 18 workers died at construction job sites, which is a substantial increase over the prior two years.

$9.1 million medical malpractice award goes to surgical patient

Surgical error continues to be a leading cause of medical negligence claims, both in New York and other states. When surgery leads to an unanticipated catastrophic result, with no explanation other than the negligence of the surgeon or anesthesiologist, there is a likelihood that the medical malpractice claim will prevail. When a jury enters the final verdict in a case that could not be settled, it is generally based on the whole array of evidence indicating surgical error, including the testimony of prominent medical experts on behalf of the plaintiff.

1 of New York's latest motor vehicle accidents injures 4, kills 1

A woman is dead and four others, including one child, are injured following a collision. One of New York's most recent motor vehicle accidents happened when two cars collided after one of them ran a red light. When the vehicles hit one another, one of them was pushed onto the sidewalk. This is when three of the victims were hit and injured.

Pacifier clips recalled as defective product for choking risk

Faulty products can present a number of problems at varying magnitudes. Most companies will attempt to recall products when they become aware of an issue, but it is often too late by the time that recall is issued. This may be true for one of the nation's latest recalls regarding a defective product that can adversely impact the lives of many New York residents, especially those who are parents or take care of an infant who uses a pacifier.

2 men suffered serious burns due to alleged defective product

New York residents who use torches on a regular basis may be interested in hearing of a recent lawsuit involving a reported defective torch. Two men say they were severely injured following the use of a faulty torch. They are now suing the manufacturer of the alleged defective product along with other entities.

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