Posts tagged with "premise liability lawyer"

Failure to Warn Case Against Generic Ibuprofen

A federal appeals court has reinstated a lawsuit against the maker of a generic brand of ibuprofen. The lawsuit is on behalf of a child who suffered liver damage after taking the drug as prescribed after surgery. The case holds generic drug makers to the same labeling standard as makers of patented drugs. The case alleges failure to warn of ibuprofen risks by the drug maker. The court says the duty to warn applies to generic drug makers.

Drug Label Failed to Warn of Known Risk

Ibuprofen is a popular over-the-counter painkiller. The lawsuit says the drug is known to cause liver failure under some circumstances. The label contained no warnings about this potential side effect.

In 2009 the Supreme Court ruled drug makers can be sued for failing to warn of the risks of a medication even though the FDA has approved package or label warnings. This ruling makes clear the same standard applies to makers of the generic forms of the drug. Failure to warn is one of the main theories of product liability law.

By now everyone should be clear on the risks of liver damage associated with the two common aspirin alternatives. The FDA instructed drug makers to limit the amount of acetaminophen in prescription painkillers like oxycodone and hydrocodone. As this case shows, what you don’t know can hurt you.

By: Arthur Buono

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

Nightclub Owners Agree to $4.2 Million Settlement in Wrong-Way Crash Case

Case Background

The parents of Connecticut College student Elizabeth Durante reached a settlement in their wrongful death lawsuit against the owners of the Ultra 88 nightclub at Mohegan Sun Thursday for $4.2 million.

Durante, a 20-year-old aspiring medical student, had recruited fellow students for a humanitarian mission to Uganda during spring break in March 2009 and was en route to the airport when she was killed in a wrong-way collision on Interstate 395 that was caused by an intoxicated nightclub patron Daniel Musser.

Durante’s parents, Keith and Kathleen Durante of Islip, N.Y., had sued the club’s Boston-based owners, Plan B LLC, and the Lyons Group, and its permittee, Patrick Lyons, claiming the nightclub had acted recklessly and negligently.

The Durantes and attorneys involved in the case agreed they would not comment publicly on the settlement, the details of which were put on the record Thursday afternoon by Hartford Superior Court Judge William H. Bright Jr.

The Settlement

The judge released a jury that had listened to two days of evidence in the case before the parties agreed to the $4.2 million figure. In reaching the settlement in state court, the Durantes also agreed to release the nightclub backers from a case that is pending in Mohegan tribal court, according to a court transcript.

New London attorneys Robert I. Reardon Jr. and Kelly E. Reardon represented the Durantes. Attorneys Scott Behman, Frank Ganz and Domenick Secundo from the Wallingford law firm Behman Hambelton represented the club and its backers.

Musser, then a sailor stationed at the Naval Submarine Base in Groton, had been drinking at Ultra 88 for several hours before he drove the wrong way out of the casino in the early morning hours of March 7, 2009. Musser’s car collided head-on near Exit 79A on I-395 with a van carrying Durante and seven other students to Logan Airport.

Pretrial Settlement Discussion

Pretrial settlement talks were unsuccessful, so the sides selected a jury and testimony began Tuesday in Hartford Superior Court. Bartender Sarah Webster, who sold Musser several drinks at the nightclub before calling security to eject him for lewd behavior, had been on the witness stand for several hours when the settlement talks resumed.

Musser, who had a 0.13 blood alcohol level following the crash and is serving a 75-month sentence for second-degree manslaughter, was slated to testify on Friday had the trial continued.

Three other students and the van driver had also sued Ultra 88 and had settled their lawsuits during jury selection. The Durantes had initially sued Mohegan tribal officials, but a judge ruled they had sovereign immunity.

In late 2009, following the deaths of Durante and two others that occurred after patrons left the casino under the influence of alcohol, the tribe said it was expanding its measures to prevent drunken driving.

By Karen Florin, theday.com

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating an auto accident, wrongful death claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

Surviving Medical Malpractice

It sometimes seems that friends and family are constantly in and out of doctor’s offices and hospitals.  We once went six months straight with a different friend in the hospital each month.  Hospitals are amazing places staffed by people whose job is to help you get better.  Unfortunately, that doesn’t always happen.  Sometimes people are beyond help.  Worse yet, sometimes the actions or inactions of the doctors or nurses can unnecessarily injure or kill a patient.  This happened to a friend of mine almost five years ago.  She is still paying off the medical bills from her hospitalization despite the fact that her doctor committed medical malpractice and she came within a few hours of dying.

So, what’s the problem, why is she paying off the bills, including the fees of the doctor that nearly killed her?  None of the attorneys she spoke to would take her case.  Why?  Because she lived.

Medical Malpractice Cases

That’s right.  If she had died they would have been happy to help her husband go after the people responsible, but because she lived they felt the damage wasn’t catastrophic enough.  Apparently weeks in the hospital, hundreds of thousands of dollars of medical bills that her insurance didn’t cover, and inability to work for about a year wasn’t catastrophic.  It was incomprehensible to me that medical professionals nearly killed her and then legal professionals did nothing to right the wrong.

I’ve done some research and discovered that my friend isn’t the only one who has been left out in the cold.  It turns out one of the reasons attorneys are so picky about the cases they accept is that it is very hard to win a medical malpractice case.  The things an attorney will consider in taking your case are:  liability, damages, and who would pay the damages.  If you think you have a potential medical malpractice claim, here are some things you should consider in deciding what to do next.

Do you live in a state that requires you to first try to work things out through mediation or arbitration? 

The process can vary from state to state so you may want to ask a legal professional in your state what to expect.

How long ago did this happen?

While there can be variants in different states’ statutes of limitations, if what happened was over two years ago you may find it hard to bring your claim now.  Seek the advice of a lawyer on this for your state’s particular rules and any factors that may extend the time you have to bring suit.

Was your doctor negligent? 

Negligence can come in many forms.  Common ones include: misdiagnosing a problem, failure to treat a problem correctly, giving the wrong medication, and failing to warn you of the risks of surgery or other procedures.  Of course, even if your doctor did misdiagnose you, that doesn’t automatically mean you can take him to court and win.  The question then becomes: was that a common enough misdiagnosis that other doctors would have made the same mistake?  That leads to the next question.

How would your doctor’s actions compare to those of other doctors? 

If the average practitioner would have done the exact same thing, you’re probably not going to be able to win a lawsuit.  Your doctor’s actions have to be judged in light of a standard of care observed by doctors.  This guarantees that you can’t go after a doctor just because he isn’t on the cutting edge of research or number one in his field.  If your doctor’s actions were in line with accepted medical practice, then he’s probably covered.  However, if other doctors are surprised or perplexed by the actions of the one who caused your injury, you might be able to bring a case against him.

What damages did you suffer? 

This is another one of those fuzzy areas.  Of course, some damages such as medical bills are obvious.  However, you also need to think in terms of loss of ability, pain and suffering and what the short and long term effects will be.  What makes this difficult is that this varies greatly from person to person.  For example, loss of a toe for a professional dancer could be much more catastrophic than for a banker.  The physical marring and the loss of balance could negatively impact a dancer’s work and income whereas a banker should be able to do his work just fine without the toe.

There are a lot of factors that affect a medical malpractice case.  If you think you have one, seek out an attorney as soon as possible.  Keep in mind the above list so you know what to ask and what to expect from the meeting.  Don’t be too shocked if the attorney refuses to take your case.  Do seek out a second opinion, just like you would from a doctor!

However, if multiple attorneys tell you the same thing then the best thing you can do for yourself is let it go.  Work on recovering physically and financially as fast as you can.  A lawyer can help you work out the details of your medical financial obligations and how to best handle them.  The important thing is to do what you can to minimize the impact and get on with the rest of your life and do your best to thrive, not just survive!

By: lawyers.com

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

‘Distracted Doctoring’ a Danger to Patients

Distractions From Patient Care

A survey found that 55 percent of technicians monitoring bypass machines admitted to talking on cell phones during surgery. Half admitted to texting while in surgery. A widely read editorial in Anesthesiology News by Peter J. Papadakos, MD, says health care workers today are “fixated on computer screens” and rarely receive information directly from their patients. Papadakos referred to a study presented to the American Society of Anesthesiologists this year that said nurse anesthetists and residents were distracted by something other than patient care in 54 percent of cases. The study further cited surfing the Internet as the primary distraction. All of these distractions serve as a potential danger to patients.

Additionally, a report in The New York Times cited polls of medical professionals in which a majority of respondents admitted using cellphones during critical procedures. The Times cited a survey of medical technicians published in Perfusion, a journal about cardio-pulmonary bypass surgery, which found that 55 percent of technicians who monitor bypass machines acknowledged talking on cell phones during heart surgery and half said they had texted while in surgery.

“Why does anyone carry a cell phone into an operating room?” Patrick A. Salvi, managing equity partner of Salvi, Schostok & Pritchard P.C. in Chicago, asked. “The patient on the table deserves the undivided attention of everyone in that room.”

Malpractice of Healthcare Workers

Salvi, a medical malpractice attorney, expressed concern that healthcare workers’ increased reliance on electronic devices has become a distraction that has led to medical errors and injuries.

“We’re dismayed by reports that say doctors, nurses, technicians and others providing medical care are spending too much time focused on smartphones, computer screens and other devices when they should be paying attention to their patients.” “We’re not against the use of electronic devices for delivery of medical records or even personal communication, but it is absolutely crucial that a focus on the patient is not dropped from the accepted standards of medical care,” said Salvi.

Anyone believing their injuries or the injury or death of a loved one in a hospital or another medical setting may have been caused by medical errors resulting from distraction should contact an experienced medical malpractice attorney immediately.

By: Larry Bodine

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a medical malpractice claims, medical negligence or injury, or a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com.

Mother Receives $1.4 Million Award for Post Traumatic Stress from Childbirth Tragedy

Case Background

A Kentucky jury awarded $1.4 million to a woman who witnessed the decapitation of her baby at delivery. The jury held the two doctors in attendance liable for the mother’s emotional distress. She suffers from post-traumatic stress disorder as a result of the tragedy.

The doctors had used a cerclage to keep the woman’s cervix closed. Despite this delivery ensued, with the baby exiting feet first. The doctors attempted to deliver the baby but neglected to remove the cerclage. This acted like a noose, and the baby’s head was severed.

The Aftermath

Mark W. Mathys represented the woman, “There were no damages for wrongful death of the baby,” he said, “because the jury decided it would not have survived a normal delivery due to prematurity. But besides that, the mother witnessed the delivery first of the baby’s body and then of its severed head.

“Ms. Donelson suffers from post traumatic stress disorder as a result. She has DVD-like recall of what happened. She loves children and was pursuing a bachelor’s degree to work with them but has since abandoned that. Now when she sees children she recalls this tragedy.”

Mathys said that Ms. Donelson had been recuperating at her family’s home about a month when the decision was made to contact a lawyer. It was family members who did so.

It might be obvious to a someone who is not a doctor or a lawyer that something went wrong in this case. But because of the prematurity, it might also be easy to conclude that the baby’s death was unavoidable. That’s what the doctors said, after all.

Nor would a layperson necessarily know that the mother had herself been injured and was entitled to compensation. That makes a lawyer’s evaluation of a case so important.

“With emotional problems like PTSD ,” Mathys says, “people often don’t want to admit they’re suffering. They don’t know to seek help.”

Malpractice in the Hospital

This case also points out, again, the need for patients to be proactive in their medical care. Mathys says, “It helps if a family member or friend stays with a patient in the hospital. But even if you’re alone, like Ms. Donelson was, it’s important to be proactive in your own care to ensure you’re getting the attention you need when you need it. What’s also tragic is that Ms. Donelson did call for the nurse when she felt the baby coming, but they did not respond immediately.”

By: Arthur Buono

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a medical malpractice claim, medical negligence, or a personal injury claim and would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

State Lawmaker Involved in Car Accident Lawsuit Accused of Drunk Driving

A personal injury lawsuit filed this week accuses Connecticut State Rep. Christina Ayala of fleeing the scene of an accident caused by her own drunk driving, according to a report from the Norwich Bulletin.

Sources say the lawsuit, filed by 26-year-old Krystal Valez, claims that Ayala was under the influence of alcohol when she ran her car into a vehicle driven by Valez. The lawsuit also alleges that Ayala fled the scene of the accident.

The accident in question occurred last August, when Ayala’s 2007 Nissan Sentra allegedly struck a 2002 Honda Accord being driven by Valez.

Ayala allegedly fled the scene of the accident, but a person who witnessed the crash followed her car and eventually forced her to pull over about six blocks from the location of the collision, according to sources.

When Ayala was questioned by officers after the accident, she claimed that she tried to check on Valez following the collision, but that she decided to leave the scene because she felt “scared” due to the presence of a man who was screaming at her.

Car Accident Lawsuit

Interestingly, when police took Ayala into custody, they did not test her for alcohol, because they claimed she did not appear to be intoxicated. Nevertheless, the lawsuit filed by Valez alleges that Ayala was drunk at the time of the crash.

The plaintiff claims that she suffered back injuries and a concussion as a result of the accident, and that her medical costs amount to roughly $11,000.

Valez, however, will have to refute the testimony of Ayala’s father, Alberto Ayala, who claims that his daughter had not been drinking before the accident, according a statement given to the Connecticut Post.

Of course, Alberto Ayala has every incentive to make this claim, because not only is he the driver’s father, he is also named as a defendant in the car accident lawsuit.

Unfortunately for Christina Ayala, a native of Bridgeport, Connecticut, the pending personal injury lawsuit is the least of her legal concerns.

Sources say Ayala, who is serving her first term in the state legislature, was officially charged with failing to renew her driver’s registration, failing to obey a traffic signal, and evading responsibility.

During her latest court hearing, Ayala was told by her judge that she could accept a plea bargain offered by prosecutors or stand trial for her criminal counts.

Under the plea deal, Ayala would receive a suspended sentence and have an extended period of probation. Sources say Ayala has three weeks to make her choice.

By JClark, totalinjury.com

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

Woman Injured in Rail Crash Files Train Accident Lawsuit

A 65-year-old woman who was injured in a dramatic train crash last month in Connecticut has filed a negligence lawsuit against Metro-North Railroad, according to a report from ABC News.

Sources say the woman, Elizabeth Sorenson, a resident of Bridgeport, Connecticut, suffered multiple bone fractures and remains in critical condition as doctors tend to a severe brain injury.

The lawsuit was the first claim filed by a victim of the crash that occurred on May 17. According to sources, the crash injured more than 70 people.

Sorenson’s personal injury attorney told sources that he filed the lawsuit in federal court in order to gain access to witnesses that observed the accident and to allow families of the victims to become involved in the investigation.

Sources expect more lawsuits to eventually be filed in the wake of the massive train accident, which happened at 6:10 p.m. on a weekday as the train carried 300 passengers from New York’s Grand Central Station to New Haven, Connecticut.

The train reportedly derailed near a highway overpass in the town of Bridgeport, and was then struck by a train holding 400 passengers that was headed the opposite direction.

The Damage Caused by the Accident

The damage caused by the accident was “absolutely staggering,” according to Connecticut Senator Richard Blumenthal, as he observed the scene. Sources say parts of the roof of some of the train cars had been torn off, and that some of the tracks were noticeably twisted.

Three people remain in critical condition after the accident, and the National Transportation Safety Board has launched a full investigation into the wreck.

Thus far, investigators have yet to isolate the cause of the accident, but the impact was so severe, some passengers initially thought it may have been caused by a bomb.

“We came to a sudden halt. We were jerked. There was smoke. People were screaming; people were really nervous. We were pretty shaken up. They had to smash a window to get us out,” said one passenger traveling from New York.

Another passenger told local sources that they “went flying” and reported that “one entire compartment was completely ripped open.”

Most of the 70 passengers who were injured received prompt treatment at the site of the accident, but three victims are still in critical condition, according to reports.

According to report from train officials, the tracks involved in the collision suffered “extensive infrastructure damage,” and the train involved in the accident will “need to be removed by crane” following a thorough investigation.

By JClark, totalinjury.com

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

$825,000 Verdict for Injuries from Truck Accident

In a personal injury trial in the Stamford Superior Court a woman received $825,000 for injuries to her head and neck suffered in a collision with a large truck.

Case Details

The case involved a motor vehicle accident whereby, the plaintiff, Mrs. Hutter, was hit from behind by a large beer truck owned by DiChello Distributors. As a result of the collision, Mrs. Hutter sustained a number of serious injuries including injuries to her head and neck. She also sustained a mild traumatic brain injury.

During the course of a three week trial, the plaintiff presented a substantial number of witnesses to establish the significance of the impact and the extent of the injuries. The experts included an accident reconstruction expert from Maryland, a bio-mechanical expert from Virginia, a neurologist, a psychiatrist and a neuropsychologist.

In addition to the various expert witness, Mrs. Hutter also presented testimony from her friends who knew her before the time of the accident and were able to explain to the jury the significant change in Mrs. Hutter that occurred as a result of the incident.

The Verdict

After three weeks of evidence, the jury deliberated for two and one-half days and then rendered a verdict in favor of Mrs. Hutter in the amount of $825,000 including over $500,000 for compensation for her pain and suffering.

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

Flood of Lawsuits Suggests New York Hospital a ‘Deathtrap’

Criticism of New York Hospital 

One of New York’s hospitals faces mounting criticism and risks losing federal and state healthcare funding because of widespread complaints of medical errors and shoddy practices.

In October, after a tragedy unfolded at Brookdale Hospital when a newborn died after he was admitted to the emergency room with a fever, an investigation by the city’s medical examiner determined that six month-old Amaan Ahmmad died because he was mistakenly given an adult dose of an antibiotic.

Since then, scrutiny of the hospital’s safety record exposed that Brookdale is defending a slew of lawsuits against it for medical malpractice. According to the New York Daily News, the once-respected Brooklyn hospital has over 100 live lawsuits against it for various acts of substandard care. A state department of health investigation uncovered multiple violations ranging from untested smoke detectors to misidentified blood samples to unsafe conditions for preventing airborne infections.

And a year ago, the hospital’s CEO David Rosen stepped down amid corruption allegations. He was later tried and convicted of trying to bribe three state politicians in return for beneficial treatment of the hospital. State politicians are now calling for changes to the leadership and management of the hospital.

Lawsuits Against the Hospital

On the legal front, some victims of the hospital’s alleged negligence will have a more difficult road to getting justice, thanks to a new state law.

The same month that baby Amaan died, the state legislature passed a tort reform statute that forces parents who sue over their newborn’s birth-related neurological injuries to put any winnings from such a lawsuit into a state fund.

Two lawsuits against Brookdale Hospital – both ending in patient deaths – hint at some of the underlying problems at the beleaguered medical center.

The First Case

In one case, an elderly patient developed bedsores that went untreated by doctors and nurses until she died shortly after.

Nora Stephens, a 92 year-old grandmother who moved to New York after a tough life of sharecropping in Virginia, entered the hospital with her “skin intact,” but developed pressure ulcers on her feet that worsened so quickly to Stage IV ulcers that she developed an infection and gangrene on both feet. Before she could have her feet amputated, she died.

“They didn’t do very basic things to take care of an elderly person not able to get out of bed,” such as turning her every two hours to make sure she did not develop ulcers, said Matthew Gammons, an attorney for Stephens’ relatives.

The Second Case

In a second case, Gammons alleges the hospital’s delayed treatment caused the death of a teenager who arrived at the emergency room with a head injury.

Eighteen year-old Corey Ray appeared “awake, oriented and agitated” when he was brought to the hospital by EMTs after being beaten up at a nearby park.

According to Gammons, the hospital breached normal practices by waiting two and a half hours to give the injured boy a CT scan, then delayed getting him a neurosurgeon for another five and a half hours. In addition to the delay, the neurosurgeon missed two other areas of bleeding in the boy’s brain and a post-operative CT scan wasn’t done until 10 hours after surgery, the lawsuit claims.

“By the time they read the scans, he had a massive hemorrhage in the back of his brain. They missed the ball. … To me, it epitomizes the lack of thoroughness of this hospital,” said Gammons.

He added that he will be looking into whether understaffing and lack of available specialists played a role in the two tragedies.

‘Radical’ New law

The number of lawsuits against a hospital may only represent a fraction of actual errors that take place.

“There may be hundreds of more legitimate cases that have not been brought and hospitals are never accountable for in terms of negligence,” said Joanne Doroshow, an attorney and consumer advocate.

It can be difficult for patients to find out about the history of a hospital, although consumers can look online to check if an individual doctor has a malpractice or disciplinary record, she added.

Recently, many hospitals say they have no money to improve patient care and have moved to cut back on patients’ legal rights, according to Doroshow. For example, for the youngest victims of medical errors in New York, a new law will make their families jump through another hoop to get future medical bills paid. The law requires that money damages awarded for future medical costs of babies who are injured during birth because of medical error go into the state fund. Doroshow criticized it as “a radical piece of legislation that severely cuts back on liability of hospitals when an injury to a newborn is birth-related.”

Besides forcing families who fight and win the long legal battle for their loved ones to then “beg” for money from the state to cover their child’s medical expenses, the new law is bad for patient safety because it takes away a financial incentive for hospitals to feel accountable, she said.

By: Sylvia Hsieh

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a medical malpractice claim, hospital negligence, or personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com

$98,000 Settlement for Neck and Back Injuries after Broad-sided by Drunk Driver

A Southbury resident received a $98,000 settlement of his lawsuit stemming from an accident where his vehicle was hit by an intoxicated motorist in a “hit and run” accident.     

The automobile collision happened on a local road in Southbury, Connecticut. The drunk driver defendant was operating a Ford F350 pickup truck which belong to the owner of an excavation company.

The intoxicated motorist crossed over the center of the road into the plaintiff’s travel lane causing the motor vehicle crash.  The plaintiff was forced off the road after being broadsided by the drunk driver.

While the defendant motorist fled the scene, he was later arrested by the Connecticut State Police and charge with DUI.

As a result of the accident the plaintiff suffered neck strain, headaches, lower back strain and tinnitus.  He was treated by a chiropractic physician for her neck and lower back strain and a neurologist for his headaches and tinnitus.  The lawsuit against the intoxicated excavator was settled for $98,000 to cover medical cost and property damage.

At Maya Murphy, P.C., our experienced team of personal injury attorneys is dedicated to achieving the best results for individuals and their families and loved ones whose daily lives have been disrupted by injury.  Our personal injury attorneys assist clients in New York, Bridgeport, Darien, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Westport, and throughout Fairfield County. If you have any questions relating to a personal injury claim or would like to schedule a free consultation, please contact our Westport office by phone at (203) 221-3100 or via e-mail at JMaya@Mayalaw.com