Practice Areas

I WANT TO SUE

• Restricting Salt and Sugary Drinks Without Effect; Study Reports
  Nov 14, 2011

  Two studies released last week have put health-conscious reformers on the defensive.
  
  One study surveyed 167 studies and noticed that cutting salt from the diet lowered blood pressure minimally but simultaneously increased the risk of heart disease.
  
  High-sodium diets averaged 3450 mg per day and low-sodium averaged 2760 mg. Caucasians with normal blood pressure lowered their readings -1.27/-0.05 (1% for the entire population). Caucasians with high blood pressure lowered their readings -5.48/-2.75 (3.5% for the entire population). Data for other races weighed these percentages down but their data sets was too sparse for confident conclusions to be drawn. But researchers concluded that whites with normal blood pressure had no reason to worry about salt intake, while whites with high blood pressure might benefit from lowering their salt intake.
  
  The study also noticed in subjects with low sodium intake an increase in three chemicals, which constrict blood vessels and induce higher blood pressure. Additionally, aldosterone, which triggers salt reabsorption, also increased. In effect, the less salt a subject ingests, the more the body adjusts to absorb salt and raise blood pressure. Blood cholesterol and triglyceride levels also rose by 2.5% and 7%, respectively, thereby threatening heart disease.
  
  The other study followed 7000 students in 40 states between 2004 and 2007 and surveyed their sugary-drink intake. In schools with soda bans, 28.9% purchased other sugary beverages. The figure was 26% for schools with no restrictions. In each, exactly two-thirds of students reported equal access to sugary drinks. The study also found total bans on sugary drinks at schools had no effect on the daily intake of sugary drinks among their students.
  
  MORE INFO:
  
  If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions,  I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
  

• Agency Springs into Action after E. Coli Found on Long Island
  Jul 21, 2011

  The bacteria E. coli has been found this week in Long Island waters, and authorities have sprung into action to monitor the situation and inform residents. Several Nassau County neighborhoods are being advised to boil their water before drinking or preparing food in order to kill the bacteria.
  
  The Water Authority of Western Nassau (WAWNC) found E. coli in one of 11 water samples on Monday. When they rechecked, they could not detect E. coli, but did find Total Cloriform bacteria. The WAWNC has issued the boiling warning for residents of North Valley Stream, Elmont, Floral Park, Franklin Square, New Hyde Park, Stewart Manor and Garden City. The warning extends to any water used for "drinking, making ice, brushing teeth, washing dishes and food preparation."
  
  Thus far, there have not been any known cases of E. coli infections yet.
  
  The WAWNC website informs the public that symptoms of the E. coli bacteria include diarrhea, cramps, nausea, and headaches. "Infants, young children, some of the elderly, and people with severely compromised immune systems" are particularly at risk.
  
  The Water Authority continues to filter its water and monitor water samples. It will not lift its advisory until two consecutive days of contamination-free samples have been tested. In addition, the law mandates the Authority to go door-to-door to notify 100,000 local people of the risks.
  
  If you would like more information about how negligence and accident cases work in the state of New York, I encourage you to explore my educational website http://www.oginski-law.com. If you have legal questions,  I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
  

• Breast Cancer Group Charged with Fraud
  Jul 09, 2011

  New York State Attorney General Eric Schneiderman is going after a local breast cancer charity for stealing most of the $9.1 million it has collected over the past five years. He claims they used the money as a personal slush fund, with little of it actually going to the charity work they were claiming.
  
  The Attorney General's office is suing The Coalition Against Breast Cancer of St. James and its fundraising arm, Campaign Center Inc., for spending only $364,000, or less than 4% of its money on breast cancer services. The complaints, regarding violations of state not-for-profit and charitable solicitation laws, were filed last week in Suffolk State Supreme Court.
  
  The suit alleges that the funds were used to pay salaries to workers who had other jobs. They were provided with retirement benefits, health benefits, and personal technology like Blackberry cellphones. Approximately 85% of the money raised by Campaign Center was stolen. According to CharityWatch.org, the least egregious charities spend 75% of their revenues on their programs. This charity was given a grade of "F."
  
  The alleged 2009 figures are instructive. Only $57,481 was handed out in grants -- far less than the $73,500 salary that went to director of development Debra Koppleman. While $1.5 million was raised, $1.1 million of that went to fundraising. In 2008, treasurer Andrew Smith was illegally loaned $105,000 by the charity, which he promptly lost in a failed local Ponzi scheme that year. Smith and Koppleman, among others, were named in the suit.
  
  If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website http://www.oginski-law.com. If you have legal questions,  I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
  

• Proposal to Extend 9/11 Health Coverage
  Jun 29, 2011

  Sheila Birnbaum, the new special master for the 9/11 health compensation fund, has proposed new regulations to expand coverage on Tuesday.
  
  The 33-page draft outline expands the 9/11 crash site, allowing more people to claim benefits. Also included was the chance for those who were already compensated by the law to apply again in case of further complications.
  
  Ms. Birnbaum was appointed to her position just 34 days before her proposals were released. Supporters applauded her quick work.
  
  The fund was originally set up by the James Zadroga 9/11 Health and Compensation Act of 2010, which allocated $2.7 billion over 10 years to those injured or suffering health complications related to 9/11 and its aftermath. The proposed regulations would allow those who were covered by the original fund to apply for "additional health conditions as scientific knowledge evolves."
  
  Newsday highlighted one such survivor, John Devlin, who was already compensated, but was since diagnosed with stage 4 throat cancer.
  
  Despite cheering the proposal, one Manhattan attorney cited concerns about the money available. The fund, he surmises, could conceivably run out of funds before claimants run out of claims.
  
  Bill sponsors hope the proposal will be packaged before the 10th anniversary of the 9/11 attacks.
  
  If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website http://www.oginski-law.com. If you have legal questions,  I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
  

NEED TO FIND A LAWYER

• Queens Accident Takes 10-Year Old Girl's Life
  Aug 19, 2011

  Dateline: Queens, NY
  
  A tragic accident in Astoria, Queens, earlier this month took the life of a 10-year-old Australian girl, Sabrina Mangos, and injured eight others.
  
  At 6:35pm on August 8, the Mangos minivan collided with a 2009 Nissan Sentra, crushing the Nissan's front end. The minivan then catapulted on its side. Sabrina was not wearing her seatbelt at the time and ended up crushed beneath the minivan, which several witnesses worked to pull off of her as she lay there bleeding. She was rushed to Mount Sinai Hospital in Queens where she was pronounced dead.
  
  The minivan had also been occupied by her brothers, Sam, 13, and Nicholas, 11, and her parents, Michael, 42, and Valerie, 36. They were staying with their cousins in New Jersey, Dimitris Moutafis, 61, and his wife, Stavroula Moutafis, 55. Mr. Moutafis was driving the minivan. Each of them were taken to nearby hospitals for injuries and were later released.
  
  The family had been on an extended vacation, having visited the Catskills, the Poconos and Niagara Falls. They had just gone to see a Broadway show before the crash and were on their way to a pastry shop in Astoria.
  
  The driver of the Nissan, Richard Portnoy, 55, was shaken and remorseful. A public-housing supervisor, he was on his way to investigate two defunct elevators.
  
  Commentary
  
  As a practicing accident and wrongful death trial attorney in New York, I deal with tragic accidents like this every day. The most troubling part of this article is the fact that the little girl was not belted in. That's tragically unfortunate. Seat belts are designed to protect you. Why doesn't everyone take advantage of this? If a lawsuit is brought on behalf of the young girl, the defense would be able to argue that 'had she been wearing her seatbelt' she would not have suffered significant injuries and would not have been thrown from the car causing her death. That is a significant issue to evaluate when deciding whether an attorney will take on a case like this.
  
  MORE INFORMATION
  
  If you would like more information about how negligence and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions,  I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
  

HOW LAWSUITS WORK

• NYC Life Expectancy Looks Up
  Feb 03, 2012

  New York's average life expectancy has jumped yet again according to new numbers released by the NYC Department of Health and Mental Hygiene. What's more, the numbers are more impressive than the rest of the nation's average.
  
  The average life expectancy for newborns in NYC in 2009 was 80.6 years. This is almost three years higher than it was in 2000 and it is over two years above the newly-reported national rate of 78.2 years.
  
  The numbers also look good for the older population, which has a higher mathematical life expectancy the older the age group is. 40-year-olds in 2009 have a life expectancy of 82 years, up from 79.5 in 2000. This 2.5 year increase dwarfs the nationwide figure of 1.2 years. 70-year-old New Yorkers are at 86.9 years, up 1.5 years, compared with the average nationwide at 85.1 years, up 0.7 years.
  
  Mayor Bloomberg touted his programs against smoking, obesity, and sodium consumption, but experts point to other causes, namely advancements in HIV testing and treatment. HIV mortality fell 11.3% from 2009 to 2010 and 51.9% from 2002. Also contributing in a large way to the increased life-expectancy are declines in deaths from heart disease, cancer, drugs, and infant mortality. Additionally, deaths from car accidents and smoking have been declining.
  
  This is a welcome change for New York City, which had trailed the nation in life expectancy until 2000. Especially in 1990, NYC had been hit particularly hard by the HIV/AIDS crisis.
  
  COMMENT:
  
  Why are these statistics important?
  
  At trial, a judge will give the jury an instructions about the longevity of the injured victim. This will come from statistical life expectancy tables. In other words, if the victim is a 55 year old female who was working, the statistics will tell us how much longer she can be expected to live and what her customary work-life expectancy would have been had she not been injured.
  
  Why is this important?
  
  If she has a long-term injury or disability, the jury is required to take her longevity into consideration to determine how much compensation she is entitled to receive for the forseeable future.
  
  The question they are asked is "How much do you award Mrs. Jones for the pain and suffering she will be expected to have into the future?"
  "For how many years is this award being made?"
  
  MORE INFORMATION:
  
  If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
  
  
  
  

• Bronx Awards $80M in Top Lawsuits of 2011; NY Daily News Reports
  Jan 26, 2012

  According to the Daily News, the top 50 jury awards out of the Bronx in 2011 amounted to $80 million. There were over 20,000 civil lawsuits filed last year in the borough, among which construction accidents, wrongful arrests, medical errors, and car accidents gained the largest payouts. However, these figures are subject to adjustment on appeal.
  
  The Daily News highlighted some of the cases for its readership.
  
  $18.6 million was awarded to Christopher Peat, who was caught in a building fire in July 2003. The construction worker endured second- and third-degree burns over 60% of his body.
  
  $13 million went to Victor Marache because he was also burned by fire, this time because a sealant he was handling spontaneously went aflame in July 2006.
  
  $2.5 million was awarded to Yanina Rivera, whose pediatrician misdiagnosed her appendicitis. She almost died six years ago at the age of 10.
  
  $2 million was awarded to 59-year-old Sammy Attoh, whose legs were crushed beneath a city bus. He was running to catch the bus while intoxicated. As he banged on the bus' side, he tripped and lost his legs. The investigation eventually learned that the driver's mirrors were not properly aligned.
  
  $1 million was awarded to a man who did not want his name released. He had almost died in a scaffolding accident and calls his award, "a form of justice."
  
  As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with cases of pain and suffering like these every day. If you have experienced related problems, I can help. Pick up the phone and call me. This is what I do every day. Call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. I welcome your call.
  
  
  

• Watch Your Sodium... And Your Potassium?
  Jan 21, 2012

  The NY Times recently reported on new research showing the dangerous health implications of maintaining too high a sodium-to-potassium diet, because both chemicals tend to neutralize one another's biological reactions.
  
  Data on 12,000 American adults was studied and those with a high sodium-to-potassium concentration were 50% more likely to die of anything and twice as likely to die of heart disease within an average follow-up period of almost 15 years. Other risk factors for heart disease were controlled.
  
  The reason for this relationship, it is thought, is that sodium stiffens arteries and blocks nitric oxide, which would normally relax arteries. Potassium, instead, activates nitric oxide, thus counteracting sodium. Without the counteracting mechanism, however, stiffened arteries tend to raise blood pressure and force hypertension, which may lead to heart disease, stroke, and death. Meanwhile, the risk of high blood pressure increases for all of us as we age.
  
  The concern boils down to the over-consumption of salt. On average, we ingest 15.5 times the required daily minimum of sodium, as set by the FDA. We also ingest anywhere from 1.5 to 2.3 times as much as the suggested maximum.
  
  Our intake of sodium has been increasing for decades, largely due to the increased use of salt in restaurants and processed foods. Solutions abound, including having the FDA classify salt as something less than "safe." Others propose slowly reducing the amount of salt restaurants use, like in Finland, and some establishments have already agreed to follow a steady decline in salt usage. Others petition the government for greater regulations. Still others merely advise our own voluntary diets.
  
  
  

• Too Much Vitamin D May Be Worse Than Too Little
  Jan 17, 2012

  When it comes to vitamin D, there really is such a thing as 'too much of a thing,' at least according to a study recently published in the online American Journal of Cardiology.
  
  One of the purposes of vitamin D is to help stave off cardiovascular disease by suppressing a linked protein, the C-reactive protein (CRP). This protein is an indicator of inflammation, which is successfully suppressed by the vitamin only to a certain point.
  
  Johns Hopkins University surveyed 15,000 individuals between the ages of 18 and 85. Those whose blood levels increased above 21 nanograms per milliliter exhibited greater CRP levels, which is the opposite of the vitamin's purpose. 21 ng/mL is also the lower limit of what has been consider normal. Every 10-unit increase in the level of vitamin D led to an increase of 0.06 milligrams per deciliter of CRP. Researchers held obesity, smoking, cholesterol, and high blood pressure constant.
  
  The lead researcher advised for vitamin D to be consumed, but for blood to be drawn and analyzed to monitor levels.
  
  Prior studies have had conflicting results, which the Johns Hopkins researchers surmised was due to the nature of the vitamin, as their study illustrates.
  
  MORE INFO:
  
  If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions,  I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
  
  
  

• Fire Consumes Nine Businesses in NY
  Jan 12, 2012

  Last week, Inwood suffered a great fire, which destroyed nine businesses and flooded five others on a packed strip of stores. Luckily, no one was hurt from the overnight blaze, but the damage is extensive.
  
  The NY Daily News reports that businesses affected include "Bread and Yoga studio; Burhan Hardware; Furry Friends; Splash Laundromat; Bank of America and Citibank, and a dentist and lawyer's office." They detailed one shop -- a pharmacy -- which ruined much of what pharmacist Manny Ramirez, 43, worked his whole life to achieve.
  
  From the age of 13, Ramirez had worked as a stock boy at Dichter Pharmacy for his mentor, the prior owner George Liebmann. His earnings supported him through pharmacy school. Four years ago, Ramirez was able to take over the two-floor business. He would work six days a week to support his wife and baby girl and he is now desperate to have the pharmacy back.
  
  The fire consumed the strip on Tuesday, January 3, from 11pm to 2:48am, when 138 firefighters from 33 units put the flames out. Two firefighters sustained injuries. The fire began in a Chinese restaurant on the strip, located on Broadway and 207th street. Sources believe the cause was due to "illegal nighttime welding," and an investigation is ongoing.
  
  Local officials have pledged to work with the businesses to offer expedited insurance services and pro bono legal help.
  
  A few years ago I represented a family whose apartment was totally destroyed by fire and water damage. The fire had started as a result of a roofing company improperly performing roofing on a large apartment building in Queens. This family had such extensive damage and no property damage insurance.
  Despite bringing a lawsuit against the company that negligently started the fire on the rooftop, they fought this case tooth and nail. It was only after all depositions (question and answer sessions under oath) were completed did they begin to negotiate. I am happy to report that I was able to successfully resolve their property damage claim.
  MORE INFO:
  
  If you would like more information about how accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions,  I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
  
  
  

Quick Contact

Case Results

Helpful Links