Lumbar Spinal Injury

Published on: October 9, 2012

There are several different laws in New York which govern the litigation practices

by Stephen Bilkis

There are several different laws in New York City which govern the litigation practices involved in personal injury lawsuits. In order for a person to proceed with an action to sue in reference to a serious bodily injury that was the result of a traffic accident, they must prove that the injury is serious in accordance with the law. The statute CPLR § 3212 and Article 51 of the New York State insurance law specify the guidelines that are used to determine if an injury is considered serious.

There are several different categories that are used to determine serious injury under these statutes. Some of these involve brain injury, loss of an appendage, loss of use of an appendage, loss of a fetus, some brain injuries, and some spinal injury. In order for an injury to be considered serious, it must be pervasive enough to interfere with the person’s ability to function normally on a daily basis. This type of injury is usually one that is permanent in nature. Although, some brain injuries and spinal injuries may not be lifelong disability type injuries.

On June 10, 2007, a woman was driving her 2005 Nissan on East Shore Drive, Massapequa, New York in Nassau County. She was hit in the back end of her vehicle by a 1994 BMW. She received injuries in the accident that she felt met the criteria to be considered serious under the statutes of New York. She filed a personal injury lawsuit based on these injuries. The injuries that she claims to have suffered involved annular tear at L4-5 vertebrae, disc herniations at L3-4, L4-5, and L5-S1. She claims to have been diagnosed with a disc bulge at L2-3 which caused a constriction on the spinal cord. She also sustained an internal derangement of the lumbar spine with a severe strain or sprain of the lumbar spine. She gave a sworn statement to the court that after the accident, she had to stay in bed for a full two weeks. She also claims that after she was able to get out of her bed, she had to stay at home for another four weeks recovering. She stated that at the time of the accident, she was unemployed. However, she claimed that she can no longer take part in many of the activities that she enjoyed such as playing volleyball, gardening, cooking, or driving somewhere that is more than thirty minutes away. She stated that she cannot lift heavy objects or wash dishes. She stated that she joined a local gym and that she uses the recumbent bicycle several times a week to try to stay in shape. In her statement, she did not detail the specific compensable serious injury categories that she contends that her injuries fall under.

Published on: September 27, 2012

Claimant, employed as a policeman by the Nassau County Police Department

by Stephen Bilkis

Claimant, employed as a policeman by the Nassau County Police Department, was accidently shot in the abdomen on November 8, 1953 as he was removing a shotgun from a police car. Compensation in the form of reimbursement to the employer was paid for intermittent periods of lost time, and the case was closed upon finding of no further disability. On November 1, 1962 claimant was in an automobile accident while on police duty and sustained injuries to his neck and back. Compensation in the 1962 case was paid for several weeks, and the case was eventually closed pending the outcome of a third-party action which was later settled without the consent of the employer. Thereafter, claimant was relieved of all police duties and went on sick leave and performed no work thereafter.

A Lawyer said that, Dr. Masoff, claimant’s physician, reported to the employer that he had examined claimant, that claimant had pain in his right side for about four months with no relief; and that claimant had pain in his right side radiating to his lower back and down his life lower extremity, and requested authorization by the employer to hospitalize claimant for x-rays and further treatment. Upon a C–4 medical reports by Dr. Masoff filed which indicated recurrent back pain necessitating x-rays and hospitalization, the Workmen’s Compensation Board on reopened the 1953 case upon the report of changed condition and directed that the Special Fund be placed on notice.

A Long Island source said that, claimant was admitted to the Smithtown General Hospital and placed in pelvic traction and bed rest. After consultation with Dr. Levitan and Dr. Stein, an operative procedure was done by Dr. Levitan and Dr. Stein to probe the 1953 shotgun wound. Claimant was fitted with a Knight Spinal Brace and was discharged from the hospital on August 17, 1965.

Published on: June 15, 2012

Fred Thompson Lobbies against Litigation Restrictions

by Stephen Bilkis

The Tennessee Consumer Protection is under assault, some say. Its advocates claim that this act protects the consumer from businesses and products that produce goods or services that can harm, even to the point of maiming and killing victims, through negligence or unscrupulous manufacturing and selling tactics.

A new bill has been introduced in Tennessee that would make it more difficult to litigate against companies on the grounds of injury and wrongful death caused by negligence or wrongful actions. The proponents of the bill claim it would make the state more business-friendly. The former senator from Tennessee, Fred Thompson, among others has shown opposition to the bill. They have seen instances of what can happen when a company acts without seeming regard for human life. Many of those who advocate against this bill also believe the Tennessee Consumer Protection Act will also be compromised to the point of uselessness should this bill pass. They tell Lawyers that victims would have no legal recourse to pursue the means to gain compensation for their injuries and losses.

Tort reformers are very interested in seeing this bill pass. According to them, “lawsuit abuse” and “jackpot justice” are very common in Tennessee. They fear businesses will not come and invest in Tennessee due to the stifling environment created by easy lawsuits which could very well ruin a small business. A group in Tennessee and others in The Bronx and Brooklyn offered a study that stated the bill would create more than 100,00 jobs and $16.2 billion in “additional economic output” in the state over the next ten year.

Published on: June 3, 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.”

Published on: May 3, 2012

Could Chiropractic Alignment Lead to Better Health?

by Stephen Bilkis

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.

Published on: April 23, 2012

Surgery Reportedly Reduces Risk of Death in Spinal Injury Patients

by Stephen Bilkis

New figures show that back injurypatients are far less likely to die if they are operated on. The research presented at a conference suggests that surgery reduces the likelihood of death by up to 44% of spinal fracture sufferers. This study is in comparison to those who are just given bed rest and painkillers.

In the pioneering procedure, balloons are inserted into the fractures before the cavity is filled with bone cement; it is shown to have high survival rates. Experts in Manhattan and Long Island working with the study say that the first thing they want to prove is the benefits of the surgery in spinal fractures, and it will lead to better future treatments.

The Consultant Orthopedic and Trauma Surgeon at Croydon University Hospital said: “We’ve known for a long time about the benefits of minimally invasive surgical intervention in the reduction of pain but this is the first time we seem to have robust data showing that it can highly contribute to saving lives. Treating vertebral fractures by balloon kyphoplasty is cost effective and prevents people from lingering in pain. We now have even more compelling reasons to make sure that this procedure becomes the standard of care for spinal fractures and ensure more patients have access to it.”

Published on: April 14, 2012

Ohio Officer Suffers Spinal Injury in Hit-and-Run

by Stephen Bilkis

An Ohio police officer underwent surgery for major spinal cord injury after a hit-and-run incident, in which he was run over by a truck.

The 32-year-old officer was hit while he and a deputy with the Summit County Sherriff’s Office were searching the road for drugs that were thrown from a vehicle during a pursuit. As the officer returned to his cruiser, which had the emergency lights on, a pickup truck cross the center line and hit the officer hard enough to flip him into the air.

The officer sustained a broken vertebra. It is too early to tell what the long-term effects of the injury will be.

Published on: March 28, 2012

Angelina Perez a child was represented by her father Jose Lopez in a claim for damages

by Stephen Bilkis

In a very long case that transpired from March 2002 until May 2010, Angelina Perez a child was represented by her father Jose Lopez in a claim for damages. After discovery was conducted between the parties, and mediation in October and November 2007, it was sent out to trial. It was scheduled for November 30, 2007, but it was transferred to determine a guardian ad litem as counsel for Mr. Lopez. According to a report, a guardian ad litem is a party that is assigned by the court to act in a lawsuit in behalf of another party like a child or an incapacitated adult. In the instance of an adult, he has to be deemed as incapable of representing himself. Mr. Lopez appeared to have some cognitive impairment that requires him to have a guardian. The cased stayed in that question until the Court sent out an Order to Show Cause on December 3, 2007. This was for the appointment of the guardian ad litem. In the order, they were told to appear in the court by December 20, 2007 and said that the trial to determine the guardian is in thirty days. It as well said that the parties’ should exchange Civil Practice Law Rules requirements. Robert Kruger, Esq. was appointed as the guardian of Jose Lopez, but his request for a stay in the trial was denied.

The following trial was on February 4, 2008. It was again adjourned and delayed as Mr. Lopez did not exchange his Civil Practice Law Rules 3101, which is the disclosure from a medical expert. This is what they need to establish liability, says a source. It was not addressed by Mr. Lopez until they received a letter from his wife to the court, and all the parties dated July 9, 2009 that advised the court that the firm handling the case had dissolved, and the lawyers were their case was transferred refused to handle the case. This was fixed by a conference by the court where Herbert Rodriquez, Jr., a member of the dissolved firm took responsibility of the case. They were not able to find any other lawyer either in Queens or Staten Island. The guardian was also replaced and was changed to Denise Kranz, Esq.

To give Mr. Rodriguez enough time to recreate the case, and for the Angelina Lopez and her mother to get additional Electron Beam Tomograpy (EBT), the next trial date was scheduled on April 19, 2010. A source said, the court also asked for them to provide medical records and doctor’s reports. The additional EBT had to be limited to the physical condition and the last medical treatments. The doctor to do it was to be chosen by the defendants.

Published on: February 28, 2012

The condition of the spine is a vital part of overall health

by Stephen Bilkis

A United States Army soldier could carry as much as 127 pounds in the field and more than 60 pounds even while in combat, doctors learned. An Army colonel studied the effects of carrying so much weight, with the intent of reducing spinal injuries to soldiers that could otherwise be avoided.

“If an aggressive … weight-loss program is not undertaken by the Army,” the colonel told a source, “the soldier’s combat load will continue to increase and his physical performance will continue to be even more severely degraded.”

The Army responded by attempting to develop lighter gear. This proved especially difficult, since they were also looking for ways to reduce casualties by making body armor stronger and other measures that would likely increase the weight of a soldier’s gear. Lumbar spinal injuries are very common.