Articles Posted in Nassau

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A teenager’s spinal cordwas destroyed in 1978 after she received a lethal dose of radiation at a hospital she was receiving cancer treatment from. She was awarded $7.6 million by a jury.

Some believed at the time that it was the single, largest payment awarded in a malpractice suit in the U.S.

After the trial, the 18-year-old said that the jury was full of “wonderful people and now I have a chance for my life.”

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According to a Lawyer this is a case of driving while intoxicated involving minor accident. Robert O’Brien, according to Officer Wenzler who was also the sole witness to everything that happened testified that at about 8:45pm on August 6, 2006 he noticed that O’Brien’s car was haphazardly parked along Church Lane. He also noticed that O’Brien was asleep behind the wheels so he decided to take a closer look to investigate. Upon reaching O’Brien’s car, Officer Wenzler noticed that there was a half empty bottle of Smirnoff vodka in between O’Brien’s legs. He also noticed a couple of empty cans of Budweiser beer on the car floor, at O’Brien’s feet.

The driver’s window was half opened and upon reaching the driver’s side, Officer Wenzler immediately smelled the strong scent of alcohol from inside the vehicle as well as from O’Brien. He also noticed the strong smell of urine, evident from the soiled pants of O’Brien. Officer Wenzler also noticed that the front bumper of O’Brien’s car appeared to have “touched” the rear bumper of the car immediately in front of O’Brien. Upon inspection, there appear to have no major damage on both cars except from evident scratches and a minor dent on O’Brien’s car.

According to further investigation, a source said that when questioned by Officer Wenzler, O’Brien admitted that he was driving while drinking. Officer Wenzler asked for any identification, as well as license and registration which O’Brien was able to provide only after 5 minutes of looking for his wallet which was all along in the back pocket side of his pants. When O’Brien was asked to step out of his car, it was obvious from the way O’Brien moved while exiting his car that he was very much hung over or possibly still drunk. Further, according to Officer Wenzler, O’Brien had glassy stare and blood shot eyes which is very common to people who are overly intoxicated.

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One of the most fascinating things about the human body is the central nervous system. Although when speaking of the central nervous system, there are many whom almost automatically think of the brain. While the brain is an integral part of this system, it is in almost constant communication with the rest of the body by means of the spinal cord.

The spinal cord could be considered as the body’s super highway since this is where all of the body’s signals must pass either going to or from the brain. It is also on this highway that some massive congestion could occur if any of the roads are damaged for any reason. While there may be some obvious signs of damage, much of it actually occurs over time. From the time, we are infants making our way through the birthing process our spines are subjected to trauma. Each time we fall down the stairs, or from our bicycles, we experience trauma. Most of this trauma remains unknown and unfelt until we begin to accumulate some age under our belts.

If you have noticed how the aged slumps over with their backs bent crooked, have you thought that old age had just crept upon them? Have you wondered why the seniors spend so much time at a doctor’s office or require so much pain medication for their joints that just do not seem to work right anymore? These are the evidence of spinal damagethat has been accumulating since the moment of our births. This is the damage that has both weakened and thrown our systems out of focus. Unfortunately, the only sure remedy for continuing to grow older is death. For most that is something to be delayed as long as possible.

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A motion for rehearing was petitioned by Daniel Schmidt with the Court of Appeals. This is with the personal injury case filed by Charles Van and his wife Rilla Van against Mr. Schmidt. According to sources, the Vans were claiming that the jury verdict should not be upheld by the court as the jury’s conclusion was against the weight of the evidence. A retrial was granted by the Circuit Court in favor of Mr. and Mrs. Van.

The Vans were looking to get compensation for personal injuries they had allegedly sustained from a vehicle accident in October 2007. They said that because of the accident, Mr. Van had to undergo a cervical spinal fusion surgery in September 2009. Mr. Schmidt is not disputing his liability in the 2007 accident. He is contesting that the injury was not caused by the accident. He is said the accident was minor and would not have had Mr. Van require a medical treatment. He also pointed out to the court Mr. Van’s prior medical records, said a doctor. Mr. Van already had a cervical spinal fusion surgery done in 1991. There was also the 1998 car accident that he was involved in and the diagnoses of emphysema and spinal degenerative disease. In the trial for compensation, there were three medical expert witnesses, including one from the defense, all of whom said that the surgery was caused in part by the 2007 accident. The reason given by the Vans why they require a rehearing was that some of the statements were not taken into consideration.

In determining if a rehearing should be granted, the court must look if the evidence presented does not support the decision and if the decision is based on the wrong interpretation of the law. A Lawyer says, in jury trials, the jury has the right to choose which statements they would want to accept. This is not limited to lay witnesses, but also with expert witnesses. In the case, they relied on the evidence that showed that the vehicle was a minor fender bender. Even if Mr. Vans testified that the repair cost $800, he also stated that the vehicle is still unrepaired and being used by his wife. There were photographs of the damage to the vehicle and the medical history of Mr. Vans.

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This is a case of a vehicular accident which has resulted in spinal chordfatality. According to a source, the accident happened on October 30, 2004. At approximately noon of that unfortunate day, Mr. Clayton Sprague, a driver employed by C&J Energy Savers was driving along Jerusalem Ave. He was on his way to deliver goods to one of C&J’s customers. Mr. Sprague was driving a 1987 Ford Diesel tanker. According to investigation, the tanker had a approximate load capacity of 33,000 pounds when fully loaded. My. Sprague’s load at that time was only 2,740 pounds which was within the allowable weight of the tanker. It was also found out during the investigation that Mr. Sprague was driving well within the speed limit because he did not have a deadline or specific delivery time. It was also noted that during his travel along Jerusalem Ave., he stayed on the right lane the entire time.

Still according to reports that reached the police, as Sprague was approaching the red light at the intersection, he slowed down and he had no problems with his breaks. He proceeded with caution until he passed by A. Holly Nursing Home when he noticed two cars travelling along side each other on the east bound lanes of Jerusalem Ave. He did not notice either car signalling to make either a right or left turn. He also did not notice that either car had its headlights on which may indicate a problem. He noticed later on that Maurice Minor’s (the victim) car continued in the left lane but getting dangerously close to the tanker. When Minor’s car was only about 10 feet away from the tanker, it suddenly shifted lanes and went directly westbound in front of the tanker.

Based on the findings of a lawyer who practices in Nassau and Suffolk, Sprague immediately applied his breaks but because of the proximity of Minor’s car to the tanker, there was nothing much Sprague could’ve done. The tanker hit the Minor’s car sending it about 40 to 50 feet away. It was very fortunate that it both Minor’s car and the tanker did not hit anything else in the process.

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Europe’s second-largest oil company, BP Plc., settled one of the five cases set to go to trial last September on the day the trial was to start. The case concerns an explosion that occurred at its Texas Refinery in 2005.

The two sons of a 26-year-old man who killed himself about six weeks after the explosion, settled with the corporation the night before trial was to start. The settlement was for an undisclosed amount, both sides said. That leaves four claims for the first trial.

The March 2005 blast killed 15 and injured hundreds with spinal injury.

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Before a person can be treated for a thoracic spinal injury, a doctor has to diagnosis them with the trauma. It is important that if you believe you have suffered a spinal injury or have any of the following symptoms listed below to contact your doctor immediately. Treatment can greatly reverse the injury in many cases several hours have the trauma, a doctor affirmed.

A doctor will want to talk to the individual or family members to figure out if the person has had any recent trauma that could cause back problems. Falls, sport-related activities, vehicle accidents, and violence are the four most common causes of thoracic spinal injuries. A major car accident could cause more damage than just totaling a car. Head-on collisions or rollovers are mishaps doctors should know about. Accidents while on motorcycles, bicycles, and hit and runs could produce spinal injuries.

With thoracic spinal injuries, several symptoms will develop that a doctor needs to know about immediately. Even if the symptoms have disappeared or improved, your doctor will want to know about any tenderness or pain while moving. In addition, your doctor will ask about any numbness or tingling in the arms or legs. Speak up if you have any weird sensations in your legs. It is common for individuals who are completely paralyzed to have sensations in the anus or legs and even to move their legs, a study expresses.

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While there are many people who have suffered spinal cord injuriesand have gone on to a full recovery, there are also many who must live the rest of their lives with decreased mobility due to their injuries like a herniated disc. In one doctor’s many years of experience dealing with these types of injuries, we have learned that people who have suffered from spinal cord injuries must take care to prevent pressure sores.

Although pressure sores have many names associated with them, once you have one it can take months to heal if not properly cared for. The investigator knows that pressure sores are caused by the loss of blood flow to an area of the skin that results in the skin or underlying tissue dying. This is often caused when pressure is applied to the skin area as you rest, especially if the area is somewhat bony. This is a problem with anyone who must lie or sit for extended periods, and especially when there is a loss of feeling in an area. Hospitals and doctors in Nassau and Suffolk Counties try to be sensitive to this problem and act accordingly.

It is recommended that if you have a spinal cord injury either you or your caregiver should check for a red area on your skin, as this is usually a sign that a pressure sore is beginning. If the redness dissipates after about 30 minutes after releasing the pressure it should be ok, but if the redness persists then a there is a strong likelihood that a pressure sore is forming. For those with dark skin, there will likely be a change in skin color, which may become develop into dry, flaky, and even a little lighter in color than normal.

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In 1982 jury, in Seattle, Washington, awarded $6.3 million to a high school football player who sustained serious spinal injuries while playing for the school’s team.

That judgment worried one school official. He worried that school boards across the country would be prompted to review the benefits of sports programs unfairly against the possible costs of lawsuits. Programs that could lead to injury, he argued, could possibly be unnecessarily cut.

At the time of the settlement, the claimant was 21 years old.

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The Paralyzed Veterans of America’s president appeared before Congress to urge the legislative body away from affecting their health care.

“Without a doubt, the Department of Veteran Affairs is the most effective health-care provider for veterans. The VA’s specialized services, including its system of spinal cord injury (SCI) care, are incomparable resources that are not duplicated in the private sector. These services are being threatened by proposed cost-cutting measures, the drive toward so-called ‘management efficiencies’ and, unfortunately, through politics,” the Paralyzed Veterans’ president told a researcher.

Using both oral and written statements, the president pled his case before the Senate and House Veterans’ Affairs Committees. He urged immediate action on three main points. The first was the lack of staff at hospitals, especially nurses. According to Paralyzed Veterans, there are 140 nurses less than the minimum requirement for nursing personnel delivering care at the bedside. Secondly, the shortages in staff lead to fewer beds. The VA is in need of more nurses, physicians, psychologists, social workers, and therapists, but because of the lack there were 288 unavailable SCI beds in the VA system. Finally, there is a lack of long-term care when it comes to veterans who suffer spinal cord injury or dysfunction. There is no specialized SCI long-term care beds west of the Mississippi and only 150 beds in the entire VA system.

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