Wrongful Death

Published on: March 29, 2016

$7 Billion Allocated for New York Cancer Victims; Thousands May Qualify

Nearly 15 years after the tragedy, the September 11th Victim Compensation Fund has finally sent out its first batch of full compensation checks to families that suffered economic losses due to 9/11-related health problems.

The $233.4 million that went out to survivors and first responders this month is a result of Congress’ decision late last year to re-authorize the James L. Zadroga 9/11 Health & Compensation Act.

In addition to paying out $233.4 million on these early Zadroga claims, the re-authorization also pushed back the deadline to submit new claims until December 2020. This is great news for cancer victims who have not yet filed claims with the Victim Compensation Fund.
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Published on: March 2, 2016

Baby Powder Linked to Cancer in $72 Million Johnson & Johnson Trial

By Caesar, Napoli & Spivak PLLC

Jacqueline Fox used Johnson & Johnson products as part of her feminine hygiene routine for 35 years. It wasn’t until her cancer diagnosis 3 years ago that Jacqueline learned of the link between talcum powder and ovarian cancer.

Unfortunately, Jacqueline didn’t live long enough to see the result of her lawsuit against the world’s biggest seller of health care products. Her trial ended last week, but Jacqueline passed away from her cancer back in October.

During the trial, Jacqueline’s attorneys produced internal documents proving that Johnson & Johnson executives were aware of the deadly side effects of baby powder and Shower to Shower body powder as early as the 1980s. One memo written by a Johnson & Johnson medical consultant compared the link between the hygienic use of talcum powder and ovarian cancer to the link between smoking cigarettes and cancer.
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Published on: February 24, 2016

1 in 5 Vehicles on the Road is Defective, Says Carfax Report

By Caesar, Napoli & Spivak PLLC

In 2014, automakers set a new record for the number of car models recalled because of safety defects. In 2015, they obliterated that record.

Nearly 900 models were recalled last year, translating to 64 million recalled cars in the US.

More frightening than this, however, is the fact that many drivers never get their cars repaired after a recall is announced.

There are 47 million unrepaired vehicles with open recalls throughout the country, reports a new study by Carfax. That means that roughly 1 in 5 cars on the road are currently in need of serious repairs.
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Published on: December 17, 2015

Highway Guardrail Maker Sold Defective Rails For Years

By Caesar, Napoli & Spivak PLLC

At least nine motorists are dead because of a design change in the highway guardrails produced by Texas-based Trinity Industries Inc.

In 2005, Trinity changed the design of its ET-Plus guardrail systems in order to cut production costs, but in doing so the company created an added danger for the drivers and passengers of cars that collided with the rails.

Trinity was required by law to alert the National Highway Administration (NHWA) of the design change, but it did not. Instead, the company continued to sell its guardrails to state governments under the pretense that the design was the same. Continue reading →

Published on: December 8, 2015

The Biker’s Rules of the Road

By Caesar, Napoli & Spivak PLLC

Though it may not feel like it yet, winter is here. We’re all familiar with the shorter days, freezing temperatures and occasional snowfall that winter brings, but what about the added dangers for pedestrians and cyclists?

Colder weather means many cyclists are bundling up, limiting their range of vision and mobility. Ice on the road and sidewalk poses a threat to pedestrians and cyclists alike.

As darkness falls earlier each night, most New Yorkers are now forced to commute after nightfall. The greatest number of auto collisions occurs in the late afternoon and evening, and accidents during this time tend to be more deadly. Driving after dark carries a three times higher fatality rate than during the day.
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Published on: December 2, 2015

Rising Death Toll as NYC Construction Booms

By Caesar, Napoli & Spivak PLLC

Gurmeet Singh came to the United States on a tourist visa 13 years ago. He was a veteran of the Indian Army, and though he was already well into his 40s, he was looking for a fresh start in a new city.

Gurmeet settled in New York and began a career in construction. Each month he sent part of his paycheck back to his family in India. Many of his jobs came from Adalat Khan, a subcontractor for a Queens construction company. According to Gurmeet’s children, the two men developed a friendship over the years.

In the spring of last year, Gurmeet began planning his first trip back to India in over a decade. Adalat offered him a job building the Dream Hotel on West 55th Street, and since it would be Gurmeet’s last job before his return trip, Adalat included an airline ticket to India in his pay.

It was on this job that Gurmeet fell 8 stories to his death.
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Published on: November 15, 2015

City Responds to 11 Pedestrian Deaths in Single Week

By Caesar, Napoli & Spivak PLLC

Last week was one of the worst for New York pedestrians, with 11 pedestrian deaths occurring across the city in a span of several days.

This recent surge in traffic fatalities reflects poorly on Mayor de Blasio’s Vision Zero initiative, a plan introduced last year that reduced speed limits, increased the number of red light cameras and cracked down on jaywalkers in order to eliminate auto injuries and fatalities. Many critics say Vision Zero is not doing nearly enough to reach the mayor’s goal.

Last week’s pedestrian deaths included 3 trick-or-treaters killed when a car jumped the curb, as well as a grandmother struck by a dump truck on her way to a Bronx laundromat. 50-year-old Floria Burton, known as Ms. Pat by her friends and neighbors, was caught under the truck’s wheels while crossing the street with her friend Maritza Delesus. When Maritza banged on the driver’s door asking him to stop, the driver reversed back over Floria, crushing her body a second time.
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Published on: November 2, 2015

7-Year-Old Dies Eating Lunch: Is the School Responsible?

By Caesar, Napoli & Spivak PLLC

This weekend, as families across the country celebrated Halloween, one Brooklyn mother was forced to say goodbye to her 7-year-old daughter after the little girl choked on her school lunch.

PS 250 first-grader Noelia Echavarria had complained about feeling rushed during school lunches before. During her lunch period on October 21st, she choked on a sandwich. Her family believes she might have been hurrying to finish before the lunch period ended.

One teacher flagged down an EMT that happened to be parked in front of the school. The EMT rushed to Noelia’s aid, but the scene he found inside was unexpected.
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Published on: October 27, 2015

The Man Taking On Workers’ Comp

By Caesar, Napoli & Spivak PLLC

Workers’ compensation programs were adopted in the US roughly a hundred years ago to protect employees injured in the workplace. These programs were designed to minimize unnecessary litigation, guaranteeing injured workers medical coverage regardless of fault, and in exchange, limiting employers’ losses to certain standards for lost wages, medical treatment, and rehabilitation services. Now, a Texas lawyer is working to reverse a century of progress by dismantling the workers’ compensation system.
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Published on: October 21, 2015

Death, Fraud and Corruption in NYC Building Boom

By Caesar, Napoli & Spivak PLLC

Eighteen construction workers were killed at New York City job sites in the last year—a significant jump from the seven construction deaths two years ago, according to the US Occupational Safety & Health Administration. As construction continues to boom in New York, we are seeing a pattern of dangerous conditions and preventable accidents.
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