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Safety Campaign Shows Deadly Connecticut Roads Can Improve for Pedestrians

admin — Fri, 27 Apr 2012 22:44:52 +0000

The Tri-State Transportation Campaign recently released data about Connecticut’s most dangerous roads for pedestrians. U.S. 5 and Boston Post Road are the worst in the state. Pedestrian deaths happened the most in New Haven County with 38 deaths, followed by Hartford County with 34 deaths and Fairfield County with 22.

The campaign hopes to show government officials and transportation authorities how these specific roads do not help pedestrians or bicyclists be safe. The roads are designed for large volumes of vehicles, with little to no infrastructure for bike lanes, sidewalks, or safe crosswalks.

“The real issue facing pedestrian safety is the fatalities are occurring on roads that are designed to move cars as fast as possible, with little regard for how to accommodate pedestrians,” said Ryan Lynch, the campaign’s policy director.

Pedestrian accidents and deaths have been rising across the nation. The latest data from the National Highway Traffic Safety Administration shows that injuries jumped to 19 percent and deaths increased 4.2 percent from the previous year. In the four previous years of data pedestrian incidents had decreased, so the reversal is causing much-needed attention to our streets and walking environments.

Due to economic reasons such as high gas prices, some experts say that more people are walking to conserve costs. Others think that because people are more distracted by handheld devices, distractions are causing more of the accidents. Texting, checking email, or posting on social media can take your eyes off the road and cause an accident within seconds. Walkers can be just as guilty of using a cellphone and not paying attention to what is going on around them.

The NHTSA has also found that being intoxicated plays a major role in pedestrian accidents. Of all pedestrian fatalities, 48 percent were due to alcohol impairment. In 6 percent of the crashes, both the auto driver and the pedestrian were drunk. Calling a sober friend or cab is by far a better tactic than risking your life walking.

Cities can also make efforts to plan for better pedestrian and road design. Adequate lighting, sidewalks, and paved shoulders can make a big difference in urban and rural areas. Yield to pedestrian signs, curb ramps for those with disabilities for easier access, and pedestrian countdown signals are a few ways to help make walking safer.

The Federal Highway Administration recommends that for wide streets with two-way traffic, cities should incorporate pedestrian crossing islands where possible. A pedestrian can walk until he or she crosses to the island and then look again to ensure that no traffic is coming the opposing way. This strategy has cut down accidents by 40 percent in areas where it is utilized.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.

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Connecticut Chemical Companies Should Comply with Regulations to Protect Workers and General Public

admin — Thu, 08 Mar 2012 18:10:14 +0000

Recently, a Connecticut company was fined for violating hazardous waste management laws after the Environmental Protection Agency inspected its chemical distribution facility and warehouse. Hubbard-Hall formulates and distributes more than 5,000 chemicals out of its facility in Waterbury and another location in Wilmington, Massachusetts. The company was fined $111,290 ¨C $63,200 for concerns from its Waterbury facility and $48,090 from Wilmington.

The EPA New England office has levied enforcement actions against 13 companies who have violated the Clean Air Act and distribute or warehouse chemicals. Companies that handle hazardous chemicals must comply with federal laws, not just OSHA Process Safety Management regulations for chemicals.

Hubbard-Hall stored chemicals that were incompatible very close together, and the EPA noted that if they were to spill or be released a violent chemical reaction could cause an explosion or fire. If this were to occur, the public and the environment could be seriously harmed. Hubbard-Hall also did not have a risk management plan in use at either of its locations. When large quantities of chemicals such as very concentrated hydrofluoric acid are stored, these RMP plans are a must.

RMP plans also help to outline how employees can prevent chemical releases and store chemicals properly. The RMP explains the risks with specific chemicals a company uses and can assist emergency responders when an accidental release occurs. Prior to the early February fine, the EPA had issued both Hubbard-Hall locations with administrative orders for violating RMP regulations and the Clean Air Act’s General Duty Clause.

Facilities that store or distribute chemicals must comply with the following regulations:
− Must stay at or below federal regulatory thresholds for chemical inventories
− Containment systems must be in good condition, in a stable way, and aisle space must be adequate for emergency responders
− Incompatible chemicals must be properly separated
− Facilities must be designed for safety with proper fire protections
− Inspections that occur on a routine basis to verify the integrity of chemical tanks
− Report chemical inventories via a Tier II Chemical Inventory Report to state authorities, local emergency planning departments, and the local fire department with jurisdiction over the facility

Serious injuries, environmental hazards and industrial accidents can happen when companies fail to take the necessary steps to maintain a safe environment. Not only could this affect workers, but toxic gases could hurt innocent people that need legal representation to uphold their rights and heal from extensive injuries.

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Rail Safety is Possible When Politics Get Out of the Way

admin — Wed, 07 Mar 2012 18:09:52 +0000

The Rail Safety Improvement Act is poised to help prevent train wrecks and implement Positive Train Control (PTC) systems that automatically turn on the brakes when a train is about to derail or collide. But if certain House of Representatives have their way, the deadline for implementing these systems will get pushed from 2015 to 2020. Some say this delay is not about economics. As Moody’s Investors Service reports, railroad companies have $60 billion in yearly revenue and several billion in cash. Overall, the PTC system, which would get installed for freight and passenger trains, only costs $13 billion.

The act would cover approximately 70,000 miles of railroad track nationwide. The National Transportation Safety Board has promoted this technology for more than 20 years, as it notes that most accidents are a result of human error. Passengers are due a safe ride and communities that surround the tracks deserve to be free of accidents that can unleash hazardous materials into their neighborhoods. NTSB investigators say that 21 train wrecks could have been avoided since 2001 if PTC had been installed, thus preventing 53 deaths and 1,000 injuries.

A PTC system monitors a train via GPS, wireless technology, and central control centers. PTC can stop a train if it enters the wrong track or is about to go through a red light. Connecticut has 634 rail crossings and since 2000, 70 people have died in rail accidents, reports the Greenwich Times. The five most dangerous crossings in the state are: Crescent Street in Stamford, Flatbush Avenue in West Hartford, Bridge Street in Windsor Locks, Commerce Street in Norwalk, and Division Street in Ansonia.

The rail corridor from New Haven to Springfield is currently being upgraded, and 38 crossings will either be enhanced or closed, according to the Greenwich Times. The upgrades also will allow double the amount of trains to be on current lines, such as through Meriden and Wallingford, and drastically increase speeds from 38 miles per hour to 110 in certain areas. In Connecticut, as in many other states with active train riding and transportation modes, tracks go over private driveways, busy urban streets, office areas, factories, and recreational areas. The chances for catastrophic injuries increase as speeds go higher, PTC is not installed, and the general public is left vulnerable.

A personal injury attorney can help an individual or their loved ones who are dealing with a serious injury or wrongful death due to a railroad accident. Railroad companies are responsible for making sure their tracks, railroad cars, and employees are accountable for their carelessness or negligence. Until PTC is on more tracks, more injuries and deaths will occur because of inaction.

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Connecticut Eye Surgery Centers Noted for Serious Mistakes that Could Risk Patient Safety

admin — Thu, 01 Mar 2012 03:35:12 +0000

The Connecticut Department of Public Health has found eye surgery centers around the state that have failed to report serious errors to patients and have inadequate sanitation. The Constitution Eye Surgery Center East in Waterford was fined for performing surgery in the wrong eyes of two patients. The center failed to notify the patients of the error and did not alert state authorities either.

In some cases, the wrong lens was implanted or the surgery mishaps were discovered during the procedure. But in all cases, the patients or their loved ones should have been made aware. In a separate incident, a patient was administered Versed, which the patient was allergic to. Three medical staff had noted this on the patient’s records but the nurse went ahead and gave the medicine. No evidence was available that showed the patient or their loved ones were notified of the incident.

DPH inspectors also noted record-keeping violations at the center. They reviewed a sample of 22 records and found 18 incomplete records. Inaccurate or incomplete records can lead to mishaps and patient harm. The Waterford facility must issue a correction plan for each violation to the state.

In Bridgeport, the Robbins Eye Center also had an incident where the doctor performed eye surgery on the wrong eye. The DPH report noted that the center did not investigate how this occurred or what steps would be taken to prevent this from happening again. Follow up after surgery was also inadequate and a substantial number of patients were not assessed by either an anesthesiologist or a registered nurse after surgery. The state found that their Post Anesthesia Care Unit Manager was not even a licensed nurse and did not have proof of work experience in a surgery facility.

Inadequate sanitation was also a concern at the Bridgeport facility. DPH’s inspector found that their infection control procedures were not updated since 2007 and they did not have an infection control nurse. Also, when staff was cleaning up the operating room from a surgery, other staff were prepping and opening sterile packages for the next surgery. Infection control guidelines state that operating rooms should be fully cleaned before preparations are made for the next procedure. With all of these violations, this facility must also send a corrective action plan to the DPH.

All these incidents put patients at risk for infections and serious complications. When facilities or their staff fail to provide a standard of care or adequate services to prevent harm, they can be liable for medical malpractice and injuries they cause because of their carelessness or negligence. Patients and their loved ones have the right to file a lawsuit to recover compensation for their pain and suffering, medical bills, and other related costs.

Alexandra Reed writes forConnecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

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Connecticut Nursing Home Care Lapses Increase Risk of Harm to Residents

admin — Tue, 31 Jan 2012 18:31:01 +0000

When nursing homes deviate from the standard of care that residents are due, they can cause serious harm. Recent incidents in Connecticut show how nursing homes lapsed in their patient care. The South Windsor Rehabilitation & Skilled Nursing Center was fined by the state Department of Public Health for two residents who had dramatic weight loss, and staff failed to properly take care of them. A nurse’s aide also hit a resident, and the facility failed to take action on this incident.

Facilities that withhold food, water, and medications can be found liable of negligence. Internal controls should be in place to monitor residents’ health, weight, eating habits, and concerns. These issues should be addressed, documented, and followed up in a resident’s care plan. It is the staff’s duty to follow and reassess treatment protocols as needed to ensure a patient’s wellbeing.

In certain circumstances, a profound failure to monitor nutrition and hydration can cause serious consequences, including death, in a resident. Lack of documentation and insufficient staffing can lead to liability. It is also a best practice to keep the senior’s family involved in the care, and alert them if care or food is being refused, the resident is combative, or needs other services.

An incident at St. Joseph’s Manor in Trumbull showed the facility did not provide an adequate environment to keep residents in the facility and prevent wandering or escaping. In the fall, two residents with dementia were able to leave the facility through a broken door that was open. Bayview Health Care Center in Waterford was also fined for not giving residents ID bracelets or other forms of identification.

Actively monitoring the premises is a must to ensure patient safety is upheld. Documented site inspections on a routine basis and security systems should be in place to protect residents. Access to facility vans and worker vehicles should be secure so that an enterprising individual cannot take off without warning.

Individuals and their loved ones who are concerned that a nursing home is engaging in neglect or abuse should contact the Connecticut Department of Social Services aging services division, which is in charge of adult protective services. Elder abuse or neglect can involve a wide range of concerns, including physical, emotional or sexual abuse as well as neglect, abandonment, and exploitation. A Connecticut nursing home abuse lawyer should also be contacted so that further harm is prevented, and a facility can be accountable for its wrongdoing.

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Deceptive Practices by Connecticut Supplement Companies Raise Liability Concerns

admin — Wed, 25 Jan 2012 18:29:38 +0000

Recent news headlines show three Connecticut companies are in hot water after the state’s Attorney General has found them engaging in deceptive trade practices to lure consumers to purchase their weight loss supplements. The three Branford, Conn. companies’ sales and marketing tactics are claimed to have violated federal and state laws. The products consumers should be on the lookout for include NutraSlim, NutraSlim with HCA, QuickDetox, SlimFuel, LeanSpa, LeanSpa with Acai, LeanSpa with HCA, and LeanSpa Cleanse.

“Left unchecked, unfair and deceptive trade practices can cause substantial injury to consumers. We are pleased to take action to address these alleged practices,” said Connecticut Attorney General George Jepsen.

The companies’, LeanSpa LLC, NutraSlim LLC and NutraSlim U.K. Ltd., sales strategies were mainly based on the Internet to market their weight loss and colon cleanse products. They used fake news and consumer testimonials on their websites and engaged in deceptive financial practices that charged consumers when they should have been getting free trials or refunds. These companies took in excess of $25 million and consumers made more than 1,000 complaints to the FTC, Better Business Bureau, and the Connecticut Attorney General’s office.

Companies that sell weight loss products can pose great dangers to consumers if they engage in deceptive practices or do not have products that are compliant with FDA statutes and regulations. For example, the FDA recently sent out a warning that 20 weight loss supplements and pills being sold in the U.S. had the dangerous ingredient sibutramine. Ingredients that can have side effects or interact badly with other medicines have been shown to cause serious injuries and wrongful deaths. Misbranded or adulterated supplements and ingredients that have not been researched can also cause harm. The FDA shows that adverse events include strokes, pulmonary embolisms, acute liver injury, kidney failure, and death when manufacturers let tainted products get into the marketplace.

The FDA also inspects supplement manufacturers to make sure they are compliant with
Good Manufacturing Practice requirements. Controls should be in place to make sure that supplements are processed consistently and a manufacturer should have strong standards in place when working with suppliers to verify and test incoming ingredients for any tampering.

Supplement manufacturers are responsible for ensuring that their products are safe and will be effective when consumers use them as described on the label. Otherwise, they can be liable for harm done to an individual that is suffering from their negligence or carelessness.

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Deadly Connecticut Roofing Accident Highlights Worker Safety Gaps

admin — Wed, 28 Dec 2011 16:38:00 +0000

A recent construction accident at the new Chelsea Piers sports complex highlights the safety precautions workers and employers need to take. The worker, Javier Salinas, died when he fell from the open roof to the ground 50 feet below. He was installing sheeting on the roof and did not have a harness on or straps as he was working. Two of Salinas’ brothers were also working that fateful day.

“This is tragic news for the family and friends of Javier Salinas, and our hearts go out to his loved ones as well as his colleagues,” said Connecticut Governor Dannel P. Malloy. “As we engineer and construct new buildings and repair old ones, we must remember that the work facing our builders and constructions trades professionals can be incredibly dangerous. Our thoughts and prayers are with Mr. Salinas’ family at this very difficult time.”

The Occupational Safety and Health Administration (OSHA) is investigating the incident. OSHA mandates that contractors and subcontractors have specific measures in place for fall prevention and protection. Falling is the number one cause of death in the construction business over all other forms of occupational death. Falling from high elevations, scaffolds, ladders, buildings and equipment is largely preventable.

Every year, $70 billion is spent on occupational fall incidents, including medical costs and workers’ compensation, reports the National Institute for Occupational Safety and Health (NIOSH). Yet every year, unsafe practices and little safety education continue to be a persistent problem in the construction industry. A deceased individual’s loved ones can go after the employer or a third party that led to the workplace accident in a wrongful death lawsuit. Employer or manager negligence or carelessness in following safety regulations, or manufacturer defects can make these parties liable for the unexpected death.

At a minimum, OSHA mandates that employers must identify fall hazards at a site, educate workers on how to avoid unsafe conditions and recognize them ahead of time, and provide appropriate equipment for safety. Part of this also involves continuing education to train workers in the latest prevention techniques.

OSHA will undoubtedly investigate why there were no guardrails or personal fall arrest systems in use at this multimillion dollar facility. Safety ropes and auxiliary equipment should have been in use and periodically inspected for wear and tear. And if weather conditions contributed to the incident that day, OSHA will determine if the employer put the workers in further peril by this too.

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Home Care Inspections Backlogged As Concerns For Patient Safety Rise in Connecticut

admin — Wed, 14 Dec 2011 16:36:48 +0000

As the senior population grows and individuals seek care outside of hospitals and nursing homes, the demand for home care workers increases. In Connecticut, the Department of Health (DPH) is supposed to inspect Medicare-certified home health agencies every two to three years according to federal rules. But the state finds itself in a six-month backlog and patient safety advocates wonder how this will affect patient care.

Home health agencies have been found in violation and fined for compromising patient health. For example, the Berlin Visiting Nurse Association had violations this year for not testing blood sugars on a diabetic patient, not following a doctor’s dietary orders or obtaining safety equipment, and not alerting social service authorities about a family that needed their assistance. When wrongdoing causes serious harm or a wrongful death, an individual or their family can seek legal action through a Connecticut personal injury attorney to hold the guilty party accountable.

Added to the problem in Connecticut, the DPH does not have the legal authority to levy serious fines. Currently, the Centers for Medicare & Medicaid Services (CMS) are creating regulations to help penalize and enforce measures with home health agencies. The Connecticut DPH hopes to catch up with the backlog of inspections with new management practices.

But in the meanwhile, individuals and their loved ones are concerned that problems could still arise with agencies and home care workers that do not provide the standard of care they deserve. Medication mismanagement, hospital readmissions, and patients not getting better or more mobile are still occurring. The American Association of Retired People (AARP) rates Connecticut high for long-term care, but puts the state as number 45 for hospital readmissions. AARP estimates that “…more than 2,000 hospital readmissions could be avoided annually if Connecticut improved its performance.”

It all comes down to home health care workers communicating between the patient’s primary care physician, hospitals, the health agency, and accessing the latest community services. “At home a person is completely at the mercy of when the staff comes and what they do when they’re there,” said Judith Stein, executive director of the Center for Medicare Advocacy in Willimantic. “Often, there is no one there to observe and protect.’’

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New Connecticut Law Bans Using Flammable Gas To Clean Gas Pipes

admin — Mon, 28 Nov 2011 03:01:15 +0000

An important piece of legislation was recently passed by the Connecticut legislature that prohibits the use of flammable gas to clean an electric facility’s gas pipes. Last year, a power plant blast at the Kleen Energy System facility in Middletown killed six workers and injured 20 others when a natural gas line was being cleaned. This legislation is the first ruling regarding this in the United States.

The U.S. Chemical Safety Board said the 2010 incident was “entirely preventable” but there was no law or safety mandates in place to prevent this common practice in the industry. Accumulated gas ignited during the cleaning on the new gas piping and caused a massive explosion that led to many lawsuits and the need for more aggressive legislation to protect workers and surrounding areas.

The new legislation, H.B. No. 5802, states that anyone who “…uses flammable gas to clean or blow a power plant’s gas piping or obtains a power plant building certificate and fails to retain the required special inspector or pay the fire marshal training fee” can face a fine up to $100,000 or a prison sentence of two years, or both. A person or business that is constructing a power plant will only be issued a certificate to build if they have a special inspector that partners with the local fire marshal on construction plans and construction inspections and pays a fee in accordance with H.B. 5802 to train local fire marshals on power plant construction concerns. During the construction process, safety issues are addressed and the fire marshal will let the facility know of any concerns that must be resolved before construction can be completed.

When cleaning a gas pipe, dirt, air, welding debris, construction debris and other ignition sources are released that can cause an explosion. Controlling or lessening potential ignition sources near or in the gas lines is critical to protecting workers’ safety. Ignition sources such as live electricity at the site, welding operations, and gas-fueled torch heaters contributed to the tragic Kleen Energy explosion in Middletown, Conn. Purging the lines with inert gasses like nitrogen or air will completely eliminate this explosion risk. Despite the well-known explosion risk, natural gas, one of the most explosive mediums known to man, was used to purge the lines at the Kleen Energy Plant in Middletown on SuperBowl Sunday 2010. The power plant owners were seeking financial bonuses for a rapid start up that influenced their choice of using explosive gas as a purging agent as opposed to an inert substance that would take longer to deliver to the site, thus delaying start up. These financial factors, combined with hundreds of violations of basic safety procedures, led to catastrophic injuries and untimely deaths in Conn., as well as similar explosions in other states.

H.B. 5802 helps to institute new steps to prevent deadly cleaning practices. And hopefully it will also renew a commitment to following safety checklists so that worker safety is upheld.

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Connecticut Personal Injury Victims of Errors at Rehab and Elder Care Facilities

admin — Mon, 21 Nov 2011 02:56:41 +0000

Errors at multiple Connecticut rehabilitation and nursing home facilities put residents at risk. The Gaylord Farms Rehabilitation Center in Wallingford failed to secure the facility’s van keys and did not take more aggressive steps to prevent a patient from leaving their facility. As a result, a patient with traumatic brain injuries was able to drive off and died in a subsequent auto accident. The Connecticut Department of Public Health noted that keys should be in a locked and secure location away from residents.

Connecticut Health of Southport, a nursing home, also put residents in peril. It was recently fined for not giving medications to a resident with pneumonia and did not take precautions to alert staff and visitors about MRSA infected patients. This facility’s infection control program was found to be based on 1983 guidelines and had not been reviewed for more than four years by the state. The company has since submitted an infection control plan to the state department of health.

In Milford, the West River Health Care Center was fined for not providing adequate care for a patient with an arm injury and another with a leg injury. Equally as concerning, the facility had an employee that made 13 debit card transactions with a patient’s debit card last year.

Rehabilitation and elder care facilities, along with other health care and long-term companies, owe their patients an adequate level of care and supervision. Staff must be trained appropriately, management must have a sufficient level of personnel to adequately monitor them around the clock, and the staff must take steps to prevent injury and harm. Facilities that put patients in peril are at risk of fines and being shut down. Also, patients and their loved ones can seek a Connecticut personal injury lawyer or Connecticut wrongful death lawyer to seek compensation for their pain and suffering.

Willful or negligent behavior by a facility’s staff should not be tolerated. Every person that seeks assistance through a nursing home or rehab center is entitled to receive adequate care and professionalism. Otherwise, a resident can sue the person or the facility that caused their injuries. Individuals and their loved ones should sufficiently research a facility before entering it to review its performance. Medicare has a nursing home comparison database for facilities nationwide to help individuals make smart decisions.

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Psychiatrist at Center of Wrongful Death and Malpractice Cases for Excessive Prescriptions

admin — Thu, 27 Oct 2011 18:52:44 +0000

Allegations of wrongful death and medical malpractice have led state regulators to suspend the license of a Connecticut psychiatrist. The state Department of Public Health and the Medical Examining Board will soon decide if psychiatrist Gerson Sternstein will have his licensed revoked and be fined $50,000. He has been practicing psychiatry for more than 20 years, but in 2007 and 2009 he “grossly overprescribed narcotics to drug-addicted patients at his office,” the board said.

The medical board found that he prescribed opioids, narcotics, and tranquilizers in high doses and in fatal combinations. Patient exams and assessments were inadequate, even when patient drug abuse was evident. Connecticut law states that opioid analgesics can only be used for legitimate medical reasons; inappropriate prescribing and use of them can lead to drug abuse and harm patients and the society.

Instead of addressing his patient’s psychiatric needs, two lawsuits against the doctor allege that he led group sessions where addicts would get prescriptions refilled and trade stories of making money off drugs they were reselling. One male patient in his care died after taking Oxycontin, methadone and the anti-psychotic drug Seroquel. He was given 480 milligrams of methadone per day, whereas the recommended dose is five to 30 milligrams, and 480 milligrams of Oxycontin daily, which has a recommended dose of 20 to 160 milligrams. A female patient died of an anti-depressant overdose. Both patients were in their mid 20s to early 30s when they passed away.

Adult mental illness, when left unchecked, can lead to serious concerns. “We know that mental illness is an important public health problem in itself and is also associated with chronic medical diseases such as cardiovascular disease, diabetes, obesity, and cancer,” said Dr. Ileana Arias, principle deputy director of the Centers for Disease Control and Prevention (CDC). “The report’s findings indicate that we need to expand surveillance activities that monitor levels of mental illness in the United States in order to strengthen our prevention efforts.”

These patients are at a higher risk of alcohol and substance abuse, and definitely need the expertise of qualified medical professionals to get them back on the path to health. When individuals or their loved ones are dealing with a wrongful death due to a physician or health care professional’s negligence or carelessness, they need to seek prompt legal action.

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Nursing Home Failed to Give Residents Medication in the Latest Case of Elderly Neglect

admin — Thu, 13 Oct 2011 18:49:11 +0000

Recent incidents of nursing home neglect are raising some serious concerns in Connecticut. At a facility in Danielson, residents were not being given medications as ordered by their doctor. Medications were withheld in 18 cases and unused medicines were found on nurses’ supply carts. Patients who have congestive heart failure, seizures, diabetes, and hypertension did not receive medicines they needed. In the worst case, a diabetic patient was not given Glucophage for seven months.

Regency Heights of Danielson, the nursing home at fault, faces a $3,000 fine from the Department of Public Health. Ciena Healthcare owns this nursing home and many others throughout Connecticut and Michigan. After the incident, the director had staff re-educated on medication procedures.

In the second quarter of 2011, 16 nursing homes were assessed civil fines by the Connecticut Department of Public Health. Failure to monitor patient conditions, administer medicines, prevent falls and accidents, and carry out reasonable patient care happens all too often.
The state’s Office of the Commissioner of Social Services and its social workers will investigate a nursing home or long-term care facility that is compromising a person’s legal rights and livelihood. Abuse, abandonment, neglect, and exploitation of the elderly can cause serious injuries and even death.

“There is a need for more training and resources for adult protective services,” said U.S. Senator Richard Blumenthal (D-CT). “My hope is that Connecticut will see more federal funding – it’s one of my priorities.”

Blumenthal is the chairman of the Senate Special Committee on Aging and says that state and national efforts need to increase to not just punish elder abuse but deter it. He is looking to create an Office of Elder Justice at the U.S. Department of Justice and increase elder abuse penalties.

Family members, health care professionals, and individuals must speak up when elder abuse occurs. State social services and a Connecticut nursing home abuse attorney should be promptly contacted to uphold the elderly person’s rights. Careless and negligent caregivers and facilities are accountable for their actions.

The skilled Connecticut nursing home abuse lawyers at Stratton Faxon have successfully litigated and settled nursing home and elder abuse cases. The law firm is dedicated to seeking justice for the elderly, thoroughly investigating a case, and has access to leading expert witnesses. They are revered by their peers and clients for the highest quality of service and winning verdicts.

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FDA Voices Serious Concerns with Surgical Mesh for Pelvic Organ Prolapse

admin — Thu, 29 Sep 2011 18:18:48 +0000

Women who have surgical mesh implanted to repair their pelvic organ prolapse (POP) should pay close attention to the U.S. Food and Drug Administration’s (FDA) latest alert. Since 2008, they have warned that the mesh could cause serious complications after surgery. But with the latest safety communication in July, the FDA says that “…serious complications associated with surgical mesh for transvaginal repair of POP are not rare. Furthermore, it is not clear that transvaginal POP repair with mesh is more effective than traditional non-mesh repair in all patients with POP and it may expose patients to greater risk.”

Surgical mesh is made by many different manufacturers and in 2010, these implant procedures were done on 100,000 women for POP, with 75,000 of them via transvaginal methods. The mesh helps to repair weakened or damaged tissues that help keep the pelvic organs in place for patients with POP and stress urinary incontinence (SUI). The FDA estimates that 30 to 50 percent of women can develop POP during their lifetime.

The most frequent complication of the surgical mesh is erosion of the mesh through the vagina. FDA’s review found that this problem can trigger the need for numerous surgeries and can cause pain, bleeding, infection, organ perforation, and urinary issues. Additionally, some patients have reported neuro-muscular issues, vaginal scarring and shrinkage, recurrent prolapse, and emotional distress.

“There are clear risks associated with the transvaginal placement of mesh to treat POP,” said FDA’s Center for Devices and Radiological Health deputy director Dr. William Maisel. “The FDA is asking surgeons to carefully consider all other treatment options and to make sure that their patients are fully informed of potential complications from surgical mesh.”

In early August, The American Journal of Obstetrics & Gynecology published a study involving more than 500 patients who underwent Prolift mesh repair between 2005 and 2009. Globally, more than 11 percent of the patients had to get surgeries after the initial implant of the mesh. Consequent surgeries were needed to correct urinary incontinence, mesh complications, and the recurrence of prolapse.

The FDA says that all manufacturers must review the safety and effectiveness of their mesh products. In early September, the FDA will review mesh and other OB/GYN devices during their Medical Device Advisory Committee meeting.

Women who were not given proper warnings by their doctor or have suffered injuries due to a manufacturer’s surgical mesh should seek legal action for their pain and suffering, lost wages, and medical bills. Patients can utilize other surgical procedures to remedy POP and SUI that do not involve mesh.

The Connecticut personal injury attorneys at Stratton Faxon are one of the top three plaintiff law firms in the state. They have helped many individuals recover millions of dollars for their losses, including medical bills, loss of income, and pain and suffering. They are revered for tenaciously working to prove that the guilty party has a legal responsibility for your injury and that the damages claimed reflect the total extent of your injury or loss.

For more information:
www.strattonfaxon.com
59 Elm Street
New Haven, CT 06510
Telephone: 203.624.9500
Facsimile: 203.624.9100
Toll Free: 866.351.9500

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Man Guilty of Securities Fraud for $10 Million in Losses in Connecticut

admin — Fri, 23 Sep 2011 18:16:45 +0000

Securities fraud does not just happen in the big financial capitals around the world. In late July, an Easton, Conn. man pleaded guilty to securities fraud, money-laundering, and mail and wire fraud. Gregory P. Loles falsely represented himself to investors and fellow church attendees where he was on the board of the church’s endowment fund. He told his victims that he was an investment adviser and their monies would be invested in Apeiron Capital Management, Inc. Little did they know that Apeiron’s registration at the U.S. Securities and Exchange Commission was canceled in 1998. He also told them that monies in the church’s building fund would be invested in Arbitrage Bonds, which did not even exist.

Victims from the church invested more than $10 million with him through the church in Orange, Conn. They took monies from their 401(k), IRA, and life insurance payments in hopes of gaining more through his investments. Loles did not invest the money as he claimed, and used the funds for his own credit card bills and to run the professional auto racing team at Farnbacher Loles. He was the majority owner and managing member of the team, and also swindled members out of money there too.

Part of Loles’ ruse included giving investors fraudulent account statements and payments from other victim investors’ funds to make the operation seem legitimate. The FBI and the U.S. Securities and Exchange Commission investigated the wrongdoing, and after being prosecuted by the Assistant U.S. Attorney Michael S. McGarry, Loles faces up to 20 years for each count as well as restitution.

Individuals who suffer a loss because of their financial consultant, and not the natural ups and downs of the stock market, can take legal action to recover their monies. Claims can be filed against a stockbroker. Individuals should seek a qualified attorney who is a member of the Public Investor Arbitration Bar Association (PIABA), as they will have the research and securities litigation skills to make your case stronger.

The Connecticut stock market loss attorney team at Stratton Faxon has a strong track record of defending victims of securities fraud. They obtained the first verdict in the nation against Salomon Smith Barney for fraudulent analyst reports when Global Crossings securities were sold to its customers. Salomon Smith Barney is now a part of Citigroup Global Markets Inc. The lawyers at Stratton Faxon are accomplished Super Lawyers and seen as part of The Best Lawyers in America.

For more information:
www.strattonfaxon.com
59 Elm Street
New Haven, CT 06510
Telephone: 203.624.9500
Facsimile: 203.624.9100
Toll Free: 866.351.9500

The post Man Guilty of Securities Fraud for $10 Million in Losses in Connecticut first appeared on SEONewsWire.net.

Serious Violations at Connecticut Workplaces Pose Hazards to Workers

admin — Wed, 31 Aug 2011 17:36:52 +0000

Three Connecticut companies have received serious violations from the Occupational Safety & Health Administration (OSHA) that could put worker safety in danger. In Bridgeport, Total Remodeling Services LLC received 16 alleged violations after inspection of their roofing site. Scaffolding, ladder, and fall hazards created a total of $139,260 in fines. Workers on the roof and scaffold did not have fall protection and were exposed to 20 to 33 feet heights. OSHA found that workers were not educated on hazards or safety guidelines even as they carried shingles and materials back and forth. An extension ladder was damaged, improperly secured, and had not been checked for safety. The company was cited for similar violations in 2009 and 2010 in Bridgeport and Milford.

DCG Precision Manufacturing in Bethel was given eight repeat and seven serious violations totaling $55,440 in fines. Trip and slip hazards near machines and failure to conduct hazard assessments for personal protective equipment put worker lives in danger. The company also did not check powered industrial truck operators every three years and had a history of not thoroughly keeping employee’s illness or injury records on file. Workers did not have chemical hazard training either.

In Orange, Valley Tool Inc. received 13 alleged violations at its metal fabrication shop. Charges ranged from inadequate materials storage in a flammable cabinet to failure to train chemical workers in chemical hazard communication and respirator fit-testing. Proposed fines total $46,970 after an employee complained.

Failing to provide workers with a safe and healthy work environment can lead to serious injuries and even an untimely death. From proper hazard education, to safety equipment, and routine assessments of workplace policies, businesses owe their workers this duty. OSHA levies serious violations on companies when it finds that “there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.”

When workers become victims of a workplace injury through no fault of their own, they can seek legal counsel not only for workers’ compensation but for compensation for medical expenses, loss of income, pain, suffering, and any long-term injuries. The Connecticut construction accident lawyer team at Stratton Faxon helps individuals who have suffered an injury on an industrial or construction work site. They have settled and litigated multimillion awards for their clients’ serious injuries.

For more information:
www.strattonfaxon.com
59 Elm Street
New Haven, CT 06510
Telephone: 203.624.9500
Facsimile: 203.624.9100
Toll Free: 866.351.9500

The post Serious Violations at Connecticut Workplaces Pose Hazards to Workers first appeared on SEONewsWire.net.

Center for Ambulatory Surgery Violations Highlight Major Safety Concerns

admin — Tue, 30 Aug 2011 17:35:33 +0000

The Center for Ambulatory Surgery (CAS) in Westport, Connecticut was fined and its license to operate suspended until the state’s Department of Health (DPH) deems it compliant with health care facility regulations. In May of this year it received numerous health violations and previously was cited in 2009.

The surgery center was found to have “used and soiled” surgical instruments, did not thoroughly conduct pre- and post-operative exams of patients by nurses, and did not have steps in place to ensure patient and surgical site identification. During its unannounced visit, the DPH found violations with 20 patients that were under the CAS’ care and receiving liposuctions, face-lifts, and other surgical procedures. They also had a messy recovery room for patients, used expired cleansing solutions, and did not adequately track infections. The DPH cited the center for not having proper credential information on file for its nurses and doctors and failed to hold routine meetings of the company’s board. And the CAS did not maintain a safe, sanitary environment as it failed to meet fire, lighting and electrical, gas, and generator standards in case of an emergency.

The Connecticut Department of Health’s Facility Licensing and Investigations Section does conduct random investigations of health care facilities. That is how they discovered the center’s wrongdoing, and now have given them a consent order where they must hire a clinical consulting firm to help it evaluate its systems and quality assurance practices. Part of its two-year probation will involve quarterly meetings with the DPH and the CAS’ administrator, nurse supervisor, and medical director.

When health care professionals fail to fulfill their duty to care for a patient, there can be serious consequences when an injury or wrongful death occurs. Mistakes or recklessness before, during, or after a procedure can have lifelong consequences for a patient who put their trust into a professional. From failing to diagnose, prescription errors, shoddy medical instruments, and surgery errors, the list of potential threats to an individual is lengthy. The state’s DPH does track death or serious injury associated with surgery in its adverse events report. But an institution must be willing to report themselves, and thus it still mandates the need for unannounced inspections.

If a patient becomes a victim of medical malpractice, they have the right to seek legal counsel to look into their case, medical records, and investigate the wrongdoing. The Connecticut medical malpractice attorney team at Stratton Faxon is accomplished in this type of law and received the distinction of The Best Lawyers in America this year. They have upheld their client’s rights to a complete and full recovery of lifetime benefits and won tens of millions of dollars for them in the courtroom and through settlement.

For more information:
www.strattonfaxon.com
59 Elm Street
New Haven, CT 06510
Telephone: 203.624.9500
Facsimile: 203.624.9100
Toll Free: 866.351.9500

The post Center for Ambulatory Surgery Violations Highlight Major Safety Concerns first appeared on SEONewsWire.net.

Faulty Pool and Spa Drain Covers Pose Serious and Sometimes Deadly Injuries

admin — Wed, 03 Aug 2011 16:07:29 +0000

Eight pool and spa drain manufacturers are recalling drain covers after entrapment injuries and even incidents of drowning have affected individuals nationwide. The drains were incorrectly rated in regards to the water flow. Public pools and spas as well as consumers who have these pool and drain covers need to immediately call the manufacturer to get a replacement or retrofit drain cover.

The manufacturers include:

A&A Manufacturing

AquaStar Pool Products

Color Match Pool Fittings

Custom Molded Products

Hayward Pool Products

Pentair Water Pool & Spa

Rising Dragon USA

Waterway Plastics

The chairman of the Pool Safety Council, Paul Pennington, told NBC Connecticut that flat pool drain covers are bad while domed ones are better. Pool and spa drain covers can cause an intense suction motion that an individual is unable to pull themselves from. If no one alerts staff or is trained in disabling the pool or spa mechanisms, a person can drown.

“Everything from feet, hands, and hair can get caught in a drain and trap kids and even adults underwater,” says the Pool Safety Council. Pennington advises that consumers and public pools “replace any flat drain covers, install a vacuum release device, tell children to stay away from the drain and, if your child gets stuck, roll them off the drain and don’t pull straight up.”

About 1 million faulty pool and spa drain covers were sold from December 2008 to April 2011. So this summer, swimmers and pool-goers should be cautious. In May a Greenwich, Conn. boy drowned from a pool drain that was used in his backyard pool. Many public pools are closing temporarily to get the replacement or retrofit, so the public’s patience to enjoy a favorite summer pastime is needed to protect their safety.

Individuals and their loved ones who experience a catastrophic pool injury or wrongful death deserve to have a legal ally on their side. A Connecticut personal injury attorney can represent you to get compensation for your injuries and medical bills, pain and suffering, lost wages, and even complex cases involving a wrongful death. The Connecticut personal injury lawyers at Stratton Faxon are one of the state’s top three trial law firms. They are respected by clients, colleagues, and the judiciary for upholding their client’s rights.

For more information:

www.strattonfaxon.com

59 Elm Street

New Haven, CT 06510

Telephone: 203.624.9500

Facsimile: 203.624.9100

Toll Free: 866.351.9500

The post Faulty Pool and Spa Drain Covers Pose Serious and Sometimes Deadly Injuries first appeared on SEONewsWire.net.

Prescription Drug Errors and Injuries Rise in U.S. Hospitals

admin — Tue, 02 Aug 2011 16:07:18 +0000

Medication errors at hospitals are on the rise. The Agency for Health Care Research and Quality (AHRQ) found that in one year, up to 1.9 million adverse reactions to medicines happened while a patient stayed in the hospital and 800,000 incidents occurred in emergency rooms. The Connecticut Pharmacists Association and the University of Connecticut recently examined medication records of 89 high-risk patients and discovered an average of 10 medication errors per person. Bad drug interactions, medication duplications, and cost inefficiencies were the most encountered errors.

“Given the aging population, patients with multiple diseases or disorders, the increased use of pharmaceuticals, and the increased use of multiple medications, the risk of errors or adverse events is higher,” said Connecticut Hospital Association spokesperson Kimberley Hostetler.

Corticosteroids and anticoagulants were misused the most, according to the report. More communication and improved reporting between healthcare professionals, pharmacists, and patients is needed to prevent harm. The Agency for Health Care Research and Quality is part of the U.S Department of Health and Human Services and advocates that patients should keep a wallet card of all prescription, herbal medicines, nonprescription drugs, and medical conditions.

Even more important is communicating when possible or having a loved one informed of the medications you are taking in order to speak on your behalf. The American Society of Health-System Pharmacists reports that doctors typically only spend about seven minutes assessing a patient. If the individual, and especially older persons, take an average of 20 medications simultaneously, the doctor might not take the time to get this critical information.

As conditions such as diabetes, hypertension, heart disease, and mood disorders are on the rise, it’s even more important to communicate what medications you are using. If you or a loved one has suffered from a serious medication error or wrongful death, a Connecticut personal injury attorney can uphold your rights. Many of the serious consequences that an individual deals with could have been prevented if the healthcare professional had done more research or had more time.

The American Hospital Association also notes that miscommunication of drug orders – including drugs with similar names or abbreviations, mix ups on measurements, and mislabeling – can cause undue harm. Distractions are rampant in hospitals too and can take a healthcare worker off track from properly dealing with their patient.

The Connecticut personal injury attorneys at Stratton Faxon have served clients for more than a decade and are one of the top three plaintiff law firms. They are accomplished in getting their clients the much-needed compensation for their injuries and medical bills, loss of income, pain and suffering, and even a wrongful death that can result from a medication error.

For more information:

www.strattonfaxon.com

59 Elm Street

New Haven, CT 06510

Telephone: 203.624.9500

Facsimile: 203.624.9100

Toll Free: 866.351.9500

The post Prescription Drug Errors and Injuries Rise in U.S. Hospitals first appeared on SEONewsWire.net.

Connecticut Clean Air Violations Pose Risks to Community

admin — Sat, 02 Jul 2011 01:17:13 +0000

Each month the New England office of the Environmental Protection Agency (EPA) finds businesses in violation of the Clean Air Act and right to know laws in Connecticut. Sometimes businesses fail to file chemical inventory forms, thus keeping the community in the dark about chemicals that could be released into the local area. Other times, companies lack emergency plans should their storage of hazardous substances be compromised.

The New England EPA has also found facilities that did not appropriately separate incompatible chemicals. Buildings, containment systems and coordination with Connecticut emergency responders are sometimes not in compliance with regulations. Companies are then assessed a penalty and ordered to resolve EPA claims.

“Companies that handle or store hazardous chemicals have a responsibility to follow the regulations that are set up to protect the public and the environment,” said Curt Spalding, regional administrator of EPA’s New England office. “The fine should serve as a reminder to these companies of such obligations.”

The quality of air affects not only how workers at these facilities live and breathe, but can greatly affect the population surrounding the business. The Connecticut Department of Environmental Protection (DEP) measures air quality daily and if the air quality index is above 100, air quality is deemed unhealthy. The DEP measures ozone, sulfur dioxide, nitrogen dioxide, carbon monoxide, lead and particulate matter. It also tracks toxic pollutants and metals such as volatile organic compounds, aldehydes, polycyclic aromatic hydrocarbons, mercury, and dioxin.

Recent Connecticut violations include a:
• Sprague paperboard company storing sulfuric acid at 57 times the threshold level
• Brookfield commercial alcohol company not alerting responders to more than two dozen hazardous chemicals it had in its inventory
• New Haven chemical manufacturer and distributor that did not have an emergency plan or submit inventory reports to authorities regarding its storage of hydrochloric acid; it also did not alert responders to its inventory of chlorine, nitric acid, sulfuric acid, sodium hydroxide and sodium hypochlorite

Unhealthy air quality levels lead to respiratory and breathing problems, even in active kids and adults. Individuals with heart or lung disease can experience heightened problems and people with cardiopulmonary disease and the elderly increase their chances of premature mortality. Instances do exist where a business has so badly violated the Clean Air Act that its workers and local community must take legal action to correct the business’ bad behavior. Catastrophic personal injury and wrongful death, whether in the workplace or in the neighborhood you live in, is a serious issue that warrants an experienced Connecticut personal injury lawyer to investigate what an individual can do to remedy their situation.

The Connecticut personal injury attorneys at Stratton Faxon are known for successfully representing victims of catastrophic personal injury and wrongful death. They have served Connecticut for more than a decade and are one of the top three plaintiff law firms in the state. They are revered advocates for their clients as they push to get an individual compensation for their medical bills, loss of income, pain and suffering, and other injuries an individual can experience from an unhealthy work environment or community-level issue.

For more information:
www.strattonfaxon.com
59 Elm Street
New Haven, CT 06510
Telephone: 203.624.9500
Facsimile: 203.624.9100
Toll Free: 866.351.9500

The post Connecticut Clean Air Violations Pose Risks to Community first appeared on SEONewsWire.net.

Deadly Connecticut Lab Accident Raises Safety Concerns

admin — Fri, 01 Jul 2011 01:17:01 +0000

Laboratory mishaps can have serious consequences for researchers, scientists, and even university students. No matter what the scientific specialty is, laboratories are rife with caustic chemicals, power equipment, and other potential hazards that can cause serious injuries and sometimes a wrongful death. The Occupational Safety and Health Administration (OSHA) oversees laboratories in medical, scientific and some collegial settings.

In April, a Yale University student was killed in a deadly lab accident involving a lathe machine. Michele Dufault was found by students working in the building and Connecticut’s chief medical examiner later ruled the cause of death as “asphyxia due to neck compression.” Dufault’s hair had been pulled into the lathe machine as she worked in the lab during the evening on her senior thesis. OSHA is investigating the incident and Yale is stepping up training for individuals who oversee the use of power equipment.

A lathe is a fast-spinning machine that has a rotating axis that holds pieces such as wood or metal to help fabricate an object to be used, for example, in research and experiments. OSHA sets requirements for power machines to have guards in place to protect individuals who use these types of machines and sets protocol for a user’s clothing and hair. Dufault had completed shop courses on lab safety and even wrote a 60-page paper on safeguards for a NASA reduced-gravity experiment she had conducted previously.

“You have to be really careful around a machine like this because it has immense power,” said Manfred Philipp, a chemistry professor at Lehman College. “The lathe has revolving moving parts, and if your hair gets stuck in that, then your head would be pulled toward the machine.”

Yale had safety and machine precautions in place before the accident occurred, but a staff member was not present during the evening hours when Dufault was in the Sterling Chemistry lab. Staff members were typically present during the day and it was normal for advanced students to use the lab after hours. After the incident, Yale has restricted lab hours with a monitor present and is reviewing all safety procedures.

As OSHA and Dufault’s family proceeds to uncover all the details of the incident, the legal community stands by to see if Yale truly followed all federal regulations and adequately trained the students. Their compliance will ultimately determine their liability and level of negligence in causing the death.

The incident highlights the need for individuals and their loved ones to have a legal advocate on their side when a mishap like this occurs. The Connecticut wrongful death lawyers at Stratton Faxon are one of the state’s top three trial law firms. For decades they have successfully represented plaintiffs who have experienced traumatic loss in complex cases. They are revered by clients, colleagues, and the judiciary for upholding their client’s rights.

For more information:
www.strattonfaxon.com
59 Elm Street
New Haven, CT 06510
Telephone: 203.624.9500
Facsimile: 203.624.9100
Toll Free: 866.351.9500

The post Deadly Connecticut Lab Accident Raises Safety Concerns first appeared on SEONewsWire.net.

Tour Bus and Motorcoach Accidents Lead to Serious Harm and Current Legislative Actions

admin — Fri, 13 May 2011 00:35:37 +0000

The recent deadly bus accidents in New York and New Jersey show that the National Transportation Safety Board still has a way to go to improve driver safety and training and instill confidence in passengers throughout the Northeast.

In March, a tour bus traveling from Mohegan Sun in Connecticut to Chinatown in New York City crashed in the Bronx, killing 15 people. Days later, a different tour bus from New York City to Pennsylvania crashed on the New Jersey Turnpike, killing two people.

Every year, tour bus accidents cause serious injuries and death throughout the northeast United States.

“We can’t wait for another deadly bus crash to increase protections for consumers and ensure bus safety,” U.S. Senator Kirsten Gillibrand said. “This bipartisan legislation is an important step towards reducing the number of deaths and serious injuries caused by motorcoach accidents. Congress must come together and prevent any future bus trips from turning into tragedies.”

Senators Gillibrand and Charles E. Schumer are cosponsoring legislation to increase bus safety and driver education to decrease accidents and fatalities on these budget-friendly modes of transportation. They are proposing seat belt requirements and stronger roof standards as tour buses have a history of rollover issues.

Last year, the Motorcoach Enhanced Safety Act did not pass the Senate, and is being reintroduced for a decision this year. MESA would mandate safety measures that automobiles already are required to have, including: anti-ejection window glazing, rollover stability and strong roofs, seatbelts and fire prevention. The NTSB has recommended these measures during the last 40 years, but “have largely been ignored or languished for many years”, said Jackie Gillan, the vice president of Advocates for Highway and Auto Safety.

Benjamin Kelley, a member of the board of directors for the Center for Auto Safety says that, “with nearly 20 deaths and 8,000 injuries each year, and more than 700 million bus trips taken annually, requirements to protect families that use this inexpensive and increasingly popular mode of transportation are long overdue.”

MESA also wants to create a national commercial motor vehicle medical registry to ensure driver physicals are done by qualified medical examiners. It also mandates unannounced safety inspections and audits as well as on-board recorders to track vehicle locations that a driver cannot access. In May, the NTSB will conduct a public forum on truck and bus safety. They will review current programs and new initiatives. The last forum on bus safety was more than a decade ago, and during that time 400 recommendations were given to reduce the number of deaths and injuries from these types of accidents.

Claims due to injuries or death from negligent operation or maintenance of a tour bus or motorcoach are worthy of legal counsel to ensure an individual’s rights are upheld. At Stratton Faxon Law Firm, the Connecticut personal injury attorneys are recognized by clients and colleagues for tenaciously pursuing complex cases. They will uphold an individual’s rights to ride on a commercial bus that has sufficient safety features and a driver who is compliant with all regulations and has a sound safety record.

For more information:
www.strattonfaxon.com
59 Elm Street
New Haven, CT 06510
Telephone: 203.624.9500
Facsimile: 203.624.9100
Toll Free: 866.351.9500

The post Tour Bus and Motorcoach Accidents Lead to Serious Harm and Current Legislative Actions first appeared on SEONewsWire.net.

Expert Legal Counsel Critical When an OB/GYN Makes a Mistake

admin — Sat, 16 Apr 2011 17:30:50 +0000

Reckless behavior at the doctor’s office can become a living nightmare. A person that should be a guiding hand and analyze your gynecological health should not end up someone that makes a life-altering error.

Connecticut State Representative Andy Fleischmann (D-West Hartford) has introduced legislation that would require one of the 15 members of the Connecticut’s Medical Examining Board to be a patient advocate. “Virtually every case that comes before the board for review is one where patients have been injured by doctors,” Fleischmann told the Public Health Committee. “Patients currently have no voice, and that must change.”

His bill also mandates that the board must investigate and take action within six months after a complaint is filed and notify the chief state attorney if the doctor has violated any laws. Fleischmann noted some recent cases in Connecticut where OB/GYN doctors made insemination errors, sexually abused patients, botched surgeries, misdiagnosed their patients, and let recent med school graduates do surgeries unsupervised.

“The state medical board moves too slowly and they impose sanctions that are far too weak,” said Fleischmann, who is also the House Chairman of the Education Committee. “Adding a patient advocate to the board would help remedy this problem.”

Unfortunately, OB/GYN medical malpractice can result in extensive injuries when a doctor, nurse, or other medical staff neglects, omits, or disregards standard procedures. The quest for profits, long hours, and pressures of the medical field sadly sometimes compromise the quality of medical care. When an individual becomes a victim of medical malpractice they can seek compensation for financial losses due to medical costs, lost wages, and monies from pain and suffering. Skilled OB/GYN medical malpractice attorneys will tenaciously fight for their client’s claim and just compensation for their injuries.

The Connecticut medical malpractice attorneys at Stratton Faxon counsel clients every day that should have been given better treatment and care when they visit a doctor or have an important surgery. The Stratton Faxon Law Firm is one of the top trial firms for individuals and families seeking justice. They are known for their successful track record and results of recovering complete and full damages to help a client who will need extensive resources to take care of their injury and loss.

The post Expert Legal Counsel Critical When an OB/GYN Makes a Mistake first appeared on SEONewsWire.net.

Health Concerns Raised with Elevated Benzene Concentrations in the Northeast

admin — Fri, 15 Apr 2011 17:27:16 +0000

Despite government agencies and companies becoming more aware of the dangers of benzene, the toxic chemical is still wreaking havoc on people and the health of cities and waterways.

Benzene is most often found in paint and solvents, dyes and ink, detergents, and gasoline. Benzene exposure is higher when working in manufacturing industries with petroleum, coal, steel, rubber and plastics, paint products and ink, and dry cleaning. These industries in Connecticut need to take precautions to ensure the safety of their workers and communities.

If not protected, benzene can cause cancer and leukemia, among other ills. Nearby states of Pennsylvania and Delaware have been in the news recently for industrial sites that leaked benzene into waterways and contaminated wells. Concentrations in Delaware City near the Potomac found benzene concentrations 5,200 times higher than levels deemed safe by the EPA.

Be aware of the signs of exposure, including headaches, dizziness, drowsiness, vomiting, convulsions, tremors, irregular heartbeat as well as irritation with the eyes, skin, and respiratory system. Seek medical expertise early on, as long terms effects beyond leukemia and cancer can lead to infertility and blood disorders.

Oftentimes, companies are lax to admit wrongdoing or the government has not conducted testing to confirm the high levels of benzene. A person also does have a number of legal options to recover financial compensation for their medical costs as well as lost wages and future needs. Life-changing personal injury and loss matters are very serious, so an experienced personal injury attorney will uphold an individual’s and family’s rights to go after those who caused the negligence and recklessness.

Benzene is a light-colored substance with a sweet smell that evaporates when heated. Exposure can be detected by breath, blood, and urine samples and should be tested quickly after exposure to benzene. Benzene converts to metabolites in the body, thus why it needs to be tested shortly after exposure as metabolites are also produced by other causes in the body.

The Occupational Safety & Health Administration is charged with regulating health and safety in the workplace. OSHA says benzene exposure should be limited to one part per million during a typical workday and a maximum of five parts per million during a 15 minute period. If levels are higher, OSHA says employers must provide workers with respirators and other protective equipment.

The Connecticut personal injury law firm of Stratton Faxon is a highly experienced team of lawyers who fight for their client’s rights. Their successful track record to help clients seek compensation from companies and individuals that have caused the pain and suffering is lauded by their peers and clients. Two dedicated trial lawyers, Michael A. Stratton and Joel T. Faxon, who have been named Connecticut Super Lawyers many years in a row, founded the firm.

The post Health Concerns Raised with Elevated Benzene Concentrations in the Northeast first appeared on SEONewsWire.net.

Serious Injury Attorney Highlights the Perils of Speeding and Recent Multimillion Dollar Jury Award

admin — Thu, 14 Apr 2011 17:26:54 +0000

Waterbury, Conn. – Driving at high speeds is the second most common culprit of dangerous auto accidents. At high speeds, cars do not have time to avoid potential crashes, and cause more damage and injury. A jury recently awarded $14 million to a man who was severely injured in a car crash after they found the town of Clinton, Conn. responsible for the accident.

Plaintiff Walker Hopkins suffered brain damage and will require lifetime care in an institution. Hopkins was only 19 years old when he was in the accident that caused the car he was a passenger in to hit a tree and throw him out of the car. The car was registered to Hopkins but driven by William Cardillo, who originally crashed into volunteer firefighter Matthew Vincent. Cardillo attempted to flee and Vincent ensued in a high-speed chase.

The main allegation of the lawsuit stated that Vincent was encouraged by dispatchers with Clinton’s emergency communications center to chase the vehicle. The high-speed chase led to Vincent running Hopkins car into a tree. The jury found the town and communications department 90 percent responsible for the crash and awarded Hopkins with $14 million. This award was the high-end estimate of costs he would incur for his injuries over the coming years.

The town will fight the jury decision and is planning an appeal. But the attorneys at Stratton Faxon, as well as Walker Hopkins, are standing firm that they won the case. They are one of the premier law firms for serious auto and truck collisions. And for more than a decade they have helped clients recover medical costs, lost wages, and handle insurance issues.

“There are many complex issues when a car accident happens,” said Joel Faxon, Connecticut catastrophic personal injury attorney at Stratton Faxon. “You deserve proper compensation for grievances now and in the future. Hopkins and serious accident victims are justified to receive monies for their injuries.”

Stratton Faxon counsels individuals and families who have been harmed by recklessness, negligence, and malpractice. Beyond auto accidents, they assist clients who are seeking justice from product mishaps, defective drugs, wrongful death, slip and fall, construction accidents, and many other catastrophic personal injuries.

To learn more, visit http://www.strattonfaxon.com.

The post Serious Injury Attorney Highlights the Perils of Speeding and Recent Multimillion Dollar Jury Award first appeared on SEONewsWire.net.

Recent Connecticut Construction Accident Lawsuit Emphasizes the Importance of Worksite Safety

admin — Wed, 16 Mar 2011 17:42:21 +0000

Construction accidents can lead to wrongful deaths. If a family member or coworker eyewitness suspects that an individual has died because of the accident, expert legal counsel will help all involved know their rights. In a recent lawsuit, OSHA, the estate of Freddy Vazquez and the decedent’s legal counsel allege MJM Carpentry, the developer and others were negligent, reckless, and using unfair trade practices. Vazquez was a member of the construction crew at a residential construction site in Unionville, Conn. A steel beam struck Vazquez, causing his death. The beam was not properly secured into its concrete pocket, OSHA noted.

Incidences of construction and site accidents highlight the perils of going after profits versus upholding the safety of workers. General contractors in Conn. must state they are aware with statutes and regulations regarding worksite safety standards and subcontractor hiring procedures to have a license to operate in the state. They must hire only knowledgeable subcontractors to perform specialized work and have sufficient supervision to verify the work is done correctly to codes. In the aforementioned lawsuit, MJM allegedly used non-unionized laborers, undocumented workers, and non-employee laborers such as Vazquez. This way the general contractor could avoid overtime pay, FICA and Medicare contributions, workers compensation insurance, Conn. minimum wage and force workers to accept lower cash wages. MJM also did not provide adequate tools and equipment on the construction site.

Businesses and individuals that foster substandard worksites and conditions face harsh civil and criminal penalties. Every month, innocent workers deal with injuries, harmful situations and, in the worst cases, death. Expert attorneys will aggressively fight for an individual’s rights, including compensation for loss of income, medical expenses, pain and suffering and long-term care.

At the Conn. offices of Stratton Faxon Law Firm, they have seen the failure of businesses, organizations, and teams because companies not only allowed substandard practices, but also pushed that culture on every decision maker. To date, the Stratton Faxon attorneys won the highest-ever construction injury settlement in Conn. involving a North Canaan laborer in a federal negligence lawsuit for $11.35 million. They have also won cases against companies that did not pay worker’s compensation and had questionable construction hiring practices.

Stratton Faxon is one of the top three Connecticut wrongful death and construction accident law firms. They have an impressive track record for helping clients win cases, recover millions in losses, and counseling workers and businesses how to uphold safety and well being rights while on the job.

The post Recent Connecticut Construction Accident Lawsuit Emphasizes the Importance of Worksite Safety first appeared on SEONewsWire.net.

Connecticut Nursing Home Abuse Highlights the Need for Expert Legal Counsel

admin — Tue, 15 Mar 2011 17:42:03 +0000

The U.S. Department of Health and Human Services, HSS, did a study of nursing home complaint investigations and found some alarming facts and inadequacies. State agencies that are monitored by the Centers for Medicare and Medicaid Services should meet federal standards and go by a binding state operations manual, but unfortunately a high percentage in Connecticut are not up to par.

The HHS found 33 percent of immediate jeopardy complaints in Connecticut were not investigated within the mandate of two working days. And 26 percent of actual harm complaints were not followed up within the mandate of 10 working days. When nursing home facilities fail their duties to the elderly and those that have valid complaints, a nursing home abuse lawyer can counsel on how to ensure an elderly person’s rights are upheld.

In the study, immediate jeopardy complaints were the most significant. These complaints were shown to cause serious injury, harm, impairment or death. Actual harm complaints involve harm that can negatively impact a person’s physical, mental or psychosocial status. Rapid responses are needed on all levels to ensure the safety and wellbeing of a senior is taken seriously.

Some facilities claim staffing shortages and inadequate training are to blame. Unsupervised or negligent staff can be disastrous to a senior’s quality of life. Family members that visit their loved ones should be mindful of their health and surroundings. Some signs of nursing home abuse include withholding food and water, medication errors, as well as inadequate toilet facilities and grooming procedures.

Elderly people can be more susceptible to being victimized because some are mentally or physically unable to communicate. If a nursing home is paying attention to profits more than the quality of patient care, the chances for emotional, physical and sexual abuse increase. In the worst cases, they cause a wrongful death.

Financial abuse and exploitation are also on the rise. “In today’s economic climate, elders are at greater risk than ever of being targeted for fraud and financial abuse,” said Jenefer Duane, founder and CEO of the Elder Financial Protection Network. Family members should be mindful of the senior’s financial accounts and what valuables might be with them at the nursing home. Desperate individuals could take advantage of an elderly person’s finances, so be sure to know what your family member might be sharing with a caregiver in a conversation.

Family members, friends and seniors must not be shy or hesitant about any abuse that is occurring. Take notes on who is doing the abuse and what is being threatened. Nursing home administrators, the Conn. Department of Social Services and Protective Services for the Elderly, and the Conn. Department of Health should be alerted about the issue and file a formal complaint on an individual’s behalf.

Nursing home abuse is a criminal offense, so an experienced Connecticut nursing home abuse attorney should also be contacted immediately. Negligent caregivers can be subject to civil liability for financial damages, criminal penalties, and even the denial of the right to work with elderly individuals.

The accomplished attorneys at Stratton Faxon in Connecticut have won many nursing home and elder abuse cases. More than anything, they truly want to uphold the right of seniors to be treated with dignity and respect. The law firm is known for their superior results because of thorough investigation techniques and top-notch expert witnesses. As a result, four of their lawyers have been named Connecticut Super Lawyers for 2011 and heralded by peers and clients for the highest quality of service and winning verdicts.

The post Connecticut Nursing Home Abuse Highlights the Need for Expert Legal Counsel first appeared on SEONewsWire.net.

Underage Drinking and Driving Continue to be a Deadly Mix

admin — Thu, 27 Jan 2011 16:48:47 +0000

According to Century Council’s statistics, 838 drivers between 15 and 20 were killed in auto crashes involved a blood alcohol concentration of .01 or higher, accounting for 31 percent of these types of crashes. Young drivers who had a BAC of .08 accounted for 25 percent in 2008. It is also reported that more young males (26 percent) are being killed in auto crashes than young women (14 percent).

There are several factors attributing to the high auto crash fatalities among young people who drink and drive. First, young people who do drink usually consume a higher amount of alcohol at one sitting, which is known as binge drinking. Binge drinking consists of having five or more drinks consecutively. Binge drinking is also considered a usual “rite of passage” in United States. This often evolves into college drinking, when teenagers graduate from high school and continue the trend in college. Monitoring the Future performed a study in 2007 that found that 41 percent of college students binge drink.

The National Survey on Drug Use and Health conducted its survey in 2008, which says that 10.1 percent of American young people between the ages of 12 and 20 admitted to currently drinking alcohol regularly. Typically four out of ten teens had tried an alcoholic beverage at least once by the end of the eighth grade year, which increases to seven out of 10 teens by the end of high school. Reports also conclude that most of these teens do not get their alcohol from their parents, as 96 percent of them do not believe in providing alcoholic beverages to their teens.

To know how or where youth consume alcohol is an important factor. The number one factor for teenage alcohol assumption is the lack of parental or adult supervision. Approximately 71 percent of drinking done by American teens is at a party when the parents are not home. Around 61 percent is done at a friend’s house with no supervision. The third most popular spot is at a remote location, at 48 percent.

The rates of underage drinking have gone down since 2002 primarily due to organizations and community outreach programs such as The Century Council, formed in the early ’90s by the distilled spirit industry. The Century Council has initiated ad and radio campaigns to help parents and the community inform the youth about the consequences of underage drinking and drunk driving.

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OSHA Investigation on Fatal Worksite Construction at Yale Continues

admin — Wed, 26 Jan 2011 16:48:37 +0000

A Yale construction site at Science Park, 275 Winchester Ave., was the scene of a horrific construction site accident more than two months ago. A steel beam collapsed on Sept. 13, which resulted in the death of Robert Adrian and injuring of three others, Robert Enfield, Robert Elliott and Sheneane Ragin.

A plan for a new chiller plant at Science Park in Yale was the reason for the on-going construction. When completed, it will dole out tons of cool air throughout the campus buildings. There were conflicting reports from University officials and Local 24, a worker union of ironworkers, as to how long construction halted after the fatal accident. University officials stated that the construction ceased for two weeks after the death, but the union worker president said it halted only three or four days.

Edmund Fitzgerald, an Occupational Safety Health Administration representative, said that by law, it usually takes at least up to six months to complete the inspection and investigation, but usually investigations that involve a fatality can take longer to find if violations occurred by the employer’s negligence.

However, a change of hands occurred at the wake of the accident when Action Steel from Hartford replaced Fast Trek Steel. It is not known why the switch occurred right after the accident. Neither would comment due to the OSHA investigation. The three injured men have not returned to work since the accident, as two of them are still undergoing intense physical therapy for their injuries. All of the original workers at the time of the accident have been replaced and moved to other sites and other workers from other unions have taken over.

According to a report by Bureau of Labor, approximately 4,340 occupational fatalities occurred in 2009 alone. The report also states that construction workers, particularly construction laborers, remain to incur the most fatal out of any injuries. OSHA reports that at least one in 10 construction workers are injured every year on job sites and injuries from falls are the most common types of accidents.

If you think you have been injured due to unsafe practices and conditions by your employer, seek legal counsel.

The post OSHA Investigation on Fatal Worksite Construction at Yale Continues first appeared on SEONewsWire.net.

Statistics Say That Texting While Driving is Comparable to Drinking and Driving

admin — Wed, 22 Dec 2010 03:50:16 +0000

According to National Highway Traffic Safety Administration (NHTSA), driving while distracted resulted in 20 percent of all crashes in 2008. Nearly 6,000 people have died as a result of distracted driving and many more have been injured. NHTSA also reports that the younger, inexperienced drivers, who are especially prone to driving while being distracted, attributed to highest proportion of the fatalities.

Dontdriveandtext.org is a nonprofit organization that seeks to educate teens and their parents on the dangers and pitfalls of texting while driving. It says that driving while texting ranks up there in fatalities with drinking and driving.

Texting while driving is the biggest distraction for teens aside from talking on their cell phone while driving. Most teens lack awareness of the true ramifications of texting while driving or driving while distracted in general. Texting is now deeply embedded in teen culture, and working adults have embraced it, as well. Therefore, the problem arises for anyone who refuses to refrain from using technological devices while driving.

In 2007, Congress partnered with State Farm and the Children’s Hospital of Philadelphia to enact National Teen Driver Safety Week in an effort to produce public and social media announcements to focus on teen driver safety. They chose October for their annual campaign month because they say statistics show that most accidents and crash fatalities occur for teen drivers in the month of October.

The battle to ensure that teens refrain from texting or talking on their cell phones while driving starts at home. Does the parent speed, text or talk on the cell phone while driving? While texting while driving is a growing epidemic affecting road safety everywhere, distraction in general is also harmful. Playing with multimedia devices while driving such as an MP3 player, CD player, or GPS system, eating, drinking and horse playing all fall under the realm of driving distractions. However, texting while driving is the most dangerous of all primarily because drivers who text are six times more likely to cause an accident than people who are intoxicated, according to NHTSA.

Although texting and driving is dangerous behavior at any age, the dangers increase if the driver is young and inexperienced.

Contact an experienced attorney to learn more about your legal options in the event that you have been injured in a car accident due to a distracted driver.

The post Statistics Say That Texting While Driving is Comparable to Drinking and Driving first appeared on SEONewsWire.net.

The Importance of Safe Playground Equipment and Supervision in Preventing Serious Childhood Injuries

admin — Fri, 17 Dec 2010 03:50:01 +0000

Each year, more than 200,000 children treated in emergency rooms across the nation suffered from injuries that occurred on the playground – many of which were highly preventable. According to the Consumer Safety Commission, 70 percent of playground injuries occur in public parks and schools.

Despite the many benefits playgrounds provide children – such as opportunities for social learning and improving motor skills – there are unexpected dangers that lurk within all the fun. There are tips and cautionary measures that a caregiver, teacher, or parent can follow to ensure playground safety.

The supervising adult should do a complete visual survey of the playground landscape for any red flags or concerns in respect to equipment and its surroundings. Check for gaps or access points in the fence or to the streets. Look for dangerous or defunct playground equipment or ground surfacing material. Make sure there is a clear sight of the entire playground and look out for trees, walls or buildings that might obstruct the supervising adult’s view. Also, look for debris (broken glass, shards of plastic, etc.) or low-hanging branches and improper surfaces that can cause potential harm.

When looking for a specific playground to go to, look for the best in your neighborhood. Playground designs vary and some playgrounds are outdated, and therefore can be dangerous. They usually have concrete, asphalt or blacktop surfaces that are extremely harmful in the event of a child’s fall. The newer playgrounds have cushioning surfaces such as wood chips, mulch, shredded rubber or other like materials and are usually designed for three different age groups. Smaller children should not play in the older children’s section. For the older children, keep in mind also that a child standing on the highest platform of the equipment should be no more than 12 feet off the ground.

Help keep children safe at our playgrounds by picking up trash or debris and reporting any concerns like broken equipment, etc. to the state or city parks department. If you have playground equipment at home, make sure you inspect and maintain it as well.

Quality adult supervision is essential in preventing playground accidents. The supervising adult should guide children to the playground equipment that is appropriate to their age. Younger children (and children in general) usually don’t have a sense or fear of heights and often can not gauge what might be a dangerous situation. Watch out also for any bullying or fighting where pushing and shoving on playground equipment often occur. One of the best preventative measures is astute awareness from the person or persons supervising children at the playground.

The post The Importance of Safe Playground Equipment and Supervision in Preventing Serious Childhood Injuries first appeared on SEONewsWire.net.

Sexual Abuse Victim Is Entitled to $10M Attachment Against Disgraced Pedophile Priest’s Assets, Supreme Rule Says

admin — Tue, 30 Nov 2010 01:08:52 +0000

A suit filed on behalf of William Dotson by Stratton Faxon on July 9 declares that the Reverend Stephen Bzdyra sexually molested an altar boy in the 1980s. The sexual abuse victim is now entitled to $10M attachment against the priest’s assets.

William Dotson of Hartford, a 34-year-old Connecticut man, filed suit on July 9, against Reverend Stephen Bzydra for sexually molesting him while he was an altar boy at St. Francis Church in New Haven, Conn. and Saint Hedwig Church in Naugatuck, Conn. between 1985 and 1990. Dotson was found to be entitled to a $10 million attachment based on demoralizing evidence of repeated and horrific sexual abuse in October 2010.

“William is very grateful that the court ruled in his favor supporting his case. The pedophile priest’s lawyer Hugh Keefe should be ashamed of himself for attacking William the way he did in court,” said Joel T. Faxon of Stratton Faxon, the trial law firm in Connecticut that represented Dotson. “The pedophile should come forward and take responsibility for his actions. The diocese and the Vatican should remove Bzdyra from his priestly duties immediately to protect the thousands of children of Connecticut from a Bzdyra attack. Bzdyra is able to troll around the parks and playgrounds of Connecticut with impunity. This disgusting monster should be in jail. We have already forwarded the judge’s decision to the State’s Attorney’s office in hopes that he can be criminally prosecuted.”

The Catholic Diocese placed Bzdyra, the accused priest, on administrative leave in August pending their investigation. He had served as priest and religious education teacher at St. Hedwig’s Church in Naugatuck during the mid-1980s and early ’90s.

“There was more than adequate evidence to support the plaintiff’s claim that Bzdyra sexually abused him when he was a young boy,” said Justice Robert Berdon after a contested hearing. “The court finds that the testimony of the plaintiff was credible and overwhelming. The court finds that the abuse included anal rape, forced oral sex with Bzdyra, that Bzdyra compelled the plaintiff to masturbate him and Bzdyra ejaculated in the face of the plaintiff. This conduct went on for several years.”

To learn more, visit http://www.strattonfaxon.com.

The post Sexual Abuse Victim Is Entitled to $10M Attachment Against Disgraced Pedophile Priest’s Assets, Supreme Rule Says first appeared on SEONewsWire.net.

Stratton Faxon Helps Those Who are Misdiagnosed or Experienced Delayed Treatment for Breast Cancer

admin — Thu, 25 Nov 2010 01:08:34 +0000

Misdiagnosis and carelessness handling of diagnostic testing can lead to delayed treatment resulting in death.

Misdiagnosis of breast cancer sometimes happens. And when it happens, the patient and the patient’s family are left with the devastation of the news of finding out that the disease is at its later stages and treatment will not help. Such things as misdiagnosis and the carelessness handling of diagnostic testing can lead to this kind of negligence.

“Mammograms are important in detecting the malignant tumor in the breast, and is why misreading a mammogram or inattention or neglect of the x-ray or other diagnostic tests are unfortunate determinants of a patient’s fate,” said Attorney Joel T. Faxon of Stratton Faxon, a trial law firm in Connecticut.

But finding a solid mass in the X-ray is one indicator of breast cancer. There are other diagnostic tests such MRIs, PET scans, lymph node biopsies and hormone tests, which determine whether the breast cancer has spread. Misdiagnosis in any of these tests can also be devastating. The breast lump might also be too small to even see or feel, or the patient may be experiencing symptoms that may resemble or mimic other diseases. Therefore, delayed treatment can occur, prolonging diagnosis and proper treatment.

According to Center for Disease Control, breast cancer is the most common form of cancer for women. It is the number one cancer killer in Hispanic women and number two for blacks, Caucasian, Asian/Pacific Islander and Native American women. In 2006, 191,410 women were diagnosed with breast cancer, and 40,820 women died from it. It is obvious from those statistics alone how early detection is imperative to prevent the progression of the disease which often times leads to death.

“If you suspect that you have been misdiagnosed and experienced delayed treatment because of misdiagnosis or misinterpretation of the tests, contact your nearest experienced medical malpractice lawyer as soon as possible,” Faxon said. “Even if you are unsure, listen to your gut-feeling and do so immediately.”

To learn more, visit http://www.strattonfaxon.com.

The post Stratton Faxon Helps Those Who are Misdiagnosed or Experienced Delayed Treatment for Breast Cancer first appeared on SEONewsWire.net.

Nursing Home Abuse is a National Outcry

admin — Sat, 20 Nov 2010 01:01:18 +0000

The elderly are one of the more susceptible populations to be abused and neglected in the United States. Every year, there are new cases involving the elderly in nursing homes, from abuse and neglect – which can include the patient choking on his/her food, falling out of the bed, aimlessly wandering out of the nursing home, bedsores from gross neglect – to medication neglect practices.

Imagine having your loved one rely on the daily care of a nursing home because they are unable to help themselves and you have discovered that they have been laying around in their own excrement, or not obtaining help in a timely manner, resulting in unnecessary discomfort or injury? These types of incidences are occurring in nursing homes all over the country. There are an estimated 20,000 cases of nursing home abuse cropping up every year.

Are you noticing your loved one being over or under medicated, showing unexplained injuries or bruises, experiencing rapid weight loss or gain, dehydration, bedsores, malnutrition, infections, broken bones or sudden death? If so, these are the signs of possible abuse and neglect.

Of course, you also should inspect the nursing home or assisted living facility. Is it sanitary? Does it have qualified staff? Are there signs of caregiver signs and frustration? Are the employees overworked or understaffed?

There are state agencies that investigate these cases, but one who suspects that neglect and abuse are happening to any of their loved ones should also seek a nursing abuse lawyer such as Stratton Faxon, a Connecticut law firm that specializes in these cases. You and your family have the right to pursue a claim for damages relating to the nursing home abuse injuries. When Connecticut nursing home abuse or neglect results in an injury to your loved one, securing compensation for your loved one’s medical care and pain and suffering is not only your recourse, but you would also be helping to fight nursing home abuse.

For more information, please visit Medicare and your Department of Health’s website concerning these issues. Regardless of age, everyone has a right to dignified and quality health care, and abuse or neglect of the elderly is a reprehensible offense.

The post Nursing Home Abuse is a National Outcry first appeared on SEONewsWire.net.

Fabric Flammability Constitutes Product Liability

admin — Mon, 15 Nov 2010 01:00:56 +0000

Product liability occurs when consumers are put at risk by consuming or using a product that fails to provide safety, resulting in either death or injury of a consumer.

In one case of fabric flammability, a Pennsylvania clothing company, Blair Corporation, was charged for a Connecticut woman’s 2005 wrongful death when her robe caught on fire. Atwilda Brown’s chenille robe caught on fire when she was making tea. She was able to call 911 but died by the time paramedics arrived because her robe burned so quickly. There are nine other wrongful death cases against Blair Corporation pending nationally involving Blair chenille garments involving mostly women who were in their 80’s.

Blair Corporation made their highly flammable robes in Pakistan, which violated the federal flammability standards for sleepwear. With the insistence of Consumer Product Safety Commission, Blair Corporation expanded their recall to cover most of their women’s chenille sleepwear that were sold in their Blair catalog, their website and in Blair stores in Pennsylvania and Delaware from January 2003 through March 2009.

Stratton Faxon, a trial law firm in Connecticut, encourages consumers to be ever watchful and report any injuries involving these and various products that fail the public. Informing product liability attorneys and the CSPC is one way to hold a company negligent in wrongful deaths or injury, particularly ones who knowingly put consumers at risk.

There are various factors that play into product liability cases, which fall into three main categories: a design defect, a manufacturing defect and those that fail to warn. Cases can involve products ranging from medical devices, recreational and sporting equipment, pharmaceuticals and toys. However, there are a number of legal cases that allow the injured party to get back financial compensation.

There are things that are needed to determine product liability, such as how or why the product has been marketed, what type of packaging it includes, instructions and warnings the product has, and the supply or manufacture date. It is important to act fast and collect the facts when you suspect product liability.

The post Fabric Flammability Constitutes Product Liability first appeared on SEONewsWire.net.

Another Victim of Suspended Parish Priest Comes Forward

admin — Sun, 12 Sep 2010 15:51:35 +0000

Stratton Faxon is representing a second victim against now-suspended parish priest Stephen Bzdrya. The new plaintiff filed a lawsuit on Aug. 5, 2010 in Waterbury Superior Court.

A second victim filed suit a lawsuit on Aug. 5, 2010 against Stephen Bzdrya, a Catholic priest who is now suspended from his priestly duties.

A Watertown man, formerly a student at St. Hedwig’s School, and a parishioner at the associated church in Naugatuck, Connecticut, recalled being taken into the school basement, ostensibly to be disciplined for bad behavior by Father Bzdrya. It was there that Bzdrya pulled down the second-grader’s pants, spanked him, and then turned him over, sweating and moaning, to fondle the boy’s genitals. The plaintiff, choosing to remain anonymous for the time being, was only 7 years old. He was then threatened by Bzdrya not to tell anyone and was sent back to class. As a little boy, the plaintiff remembers feeling hurt, confused and above all, terrified.

The victim, upon turning 18, shared his story of abuse with his parents and other close friends, but was afraid to come forward publicly until he saw another victim of Bzdrya, William Dotson, on the news in early July. Hearing the story, he was re-traumatized and shaken by his own childhood memories, and decided to contact Stratton Faxon, the law firm handling the case. The plaintiff hopes to help other victims by coming forward and also wants Bzdrya to be held accountable for his actions.

“This monster should have been shut down long ago,” said Attorney Joel T. Faxon of Stratton Faxon. “Unfortunately, it took the fortitude of two individuals through our legal system to do the job the diocese could not.”

Bzdrya, surrounded by groups of young boys in his Facebook photos, was fired in July 2010 by his former parish, Saint Augustine’s in Seymour, Connecticut. An investigation by the diocese, although belated by many years, is pending. It is a certainty that although adults, at least two men who were victimized by Bzdrya will be forever haunted by events in their pasts. As for this second plaintiff, a mere 7-year-old at the time of the horrific acts, he will have his worst childhood memory being alone, naked and vulnerable in a dark basement, while being abused by the man whom he trusted the most – seared into his psyche as long as he lives.

To learn more, visit http://www.strattonfaxon.com.

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Middletown Homeowners Sue for Devaluation of Property

admin — Sun, 12 Sep 2010 15:51:05 +0000

Stratton Faxon is representing more than 35 plaintiffs whose homes were affected by the blast at the Kleen Energy plant in Middletown, Connecticut last February.

A lawsuit was filed on Aug. 4, 2010 in Hartford Superior Court on behalf of more than 35 plaintiffs whose homes were affected by the blast at the Kleen Energy plant in Middletown last February. Homeowners have found themselves embroiled in a hurtful and troublesome situation due to the severe negligence demonstrated by the defendants the day of that deadly gas explosion.

Many homes suffered physical damage and required major repairs due to their close proximity to the blast. More problematic, however, is that the plaintiff’s homes are now situated in a widely-recognized and clearly proven high-impact “blast zone,” severely depressing the retail potential of each property.

“We are seeing the domino effect of this horrific yet preventable tragedy,” said Eric P. Smith of the Stratton Faxon law firm in New Haven. “Nearby homeowners will now feel the effects for many years to come due to the property devaluation they are now experiencing – a setback that is wholly unrelated to current market conditions but rather to the lack of due diligence on behalf of the defendants.”

Homeowners located in the Middletown blast zone not only had to face physical damage and contamination of their property, affecting their ground water supply and underground septic system, but also elevated property and casualty insurance premiums, emotional distress and the grim prospect of not being able to sell their homes in the future.

O & G Industries, Bluewater Energy Solutions, and Kleen Energy Systems are among the twelve named defendants in the suit.

The blast caused several fatalities and numerous injuries in the plant itself, and investigations have determined that the tragedy was almost certainly preventable.

To learn more, visit http://www.strattonfaxon.com.

The post Middletown Homeowners Sue for Devaluation of Property first appeared on SEONewsWire.net.

Estranged Husband Stabs Mother of Three After Getting Tip from Police

admin — Sun, 12 Sep 2010 15:50:24 +0000

A lawsuit was filed on Aug. 2, 2010 on behalf of Catherine Fergus, her three children, and elderly mother in Litchfield Superior Court suing the Town of New Milford.

A lawsuit was filed on Aug. 2, 2010 on behalf of Catherine Fergus, her three children, and elderly mother, in Litchfield Superior Court suing the Town of New Milford. The lawsuit, filed by Stratton Faxon Law Firm in New Haven, outlines details of negligence and recklessness on behalf of New Milford Police and in reference to a brutal event that nearly turned deadly last fall.

Stabbing victim Catherine Fergus had custody of her children on Nov. 14, 2009, when she made a complaint to police regarding her estranged husband, Neil Fergus. Fergus had placed several dozen harassing phone calls in a brief span of time to Catherine and was making physical threats. A protective order – issued earlier by Superior Court – was already in place, mandating that Neil Fergus refrain from harassment of any kind against his wife or family. Knowing that the police were previously made aware of Neil as a physical threat, Catherine placed a call to police to alert them to the situation.

Incredulously, instead of arresting Fergus for being in violation of a standing protective order, police contacted Neil Fergus directly, informing him of his wife’s complaints. Upon receiving this phone call, Neil Fergus went to the plaintiff’s home and savagely stabbed his wife in her car in front of their two sons. Catherine was injured in her back and right arm but managed to escape the car and run into the family’s home. Fergus chased her inside and threw his 71-year-old mother-in-law to the ground in his pursuit to kill Catherine. Police showed up at the house and finally arrested Neil Fergus before he could carry out his full intentions.

Fergus’s lawsuit accuses police of failing to immediately arrest her attacker and estranged husband and tipping him off to his impending arrest while providing no protection whatsoever to her or the involved family. “It is inconceivable that a trained police officer would call an insane man who had recently threatened his estranged wife and alert him that he was about to be arrested,” says Attorney Joel T. Faxon. “Barney Fife would know that the insane man’s next move would be to go attack the woman again. It’s shocking that the police response was so incompetent.”

The post Estranged Husband Stabs Mother of Three After Getting Tip from Police first appeared on SEONewsWire.net.

Another Victim of Suspended Parish Priest Comes Forward

admin — Sun, 12 Sep 2010 15:49:08 +0000

A second victim filed a lawsuit on Aug. 5, 2010 in Waterbury Superior Court against the now-suspended parish priest, Stephen Bzdrya.

A second victim filed suit a lawsuit on Aug. 5, 2010 against Stephen Bzdrya, a Catholic priest who is now suspended from his priestly duties.

The victim, upon turning 18, did share his story of abuse with his parents and other close friends, but was afraid to come forward publicly until he saw another victim of Bzdrya, William Dotson, on the news in early July. Hearing the story, he was re-traumatized and shaken by his own childhood memories and decided to contact Stratton Faxon, the law firm handling the case. Being married now with his own children, the plaintiff hopes to help other victims by coming forward. He also wants Bzdrya to be held accountable for his actions.

The post Another Victim of Suspended Parish Priest Comes Forward first appeared on SEONewsWire.net.

Man Who Claims to be Son of Priest Sues Legionaries of Christ

admin — Mon, 09 Aug 2010 23:37:25 +0000

The Legionaries of Christ and the estate of the priest who once led the Roman Catholic order, the Reverend Marcial Maciel Degollado, are being sued by a man who says he is one of several children fathered by Degollado, and that he was subsequently and repeatedly sexually molested by him.

A lawsuit was filed in Connecticut on behalf of Jose Raul Gonzalez Lara against the Legionaries of Christ and the estate of the priest who once led the Roman Catholic order, the Reverend Marcial Maciel Degollado. Lara says that he is one of several children fathered by Degollado, and that he was subsequently and repeatedly sexually molested by him.

The Vatican last month ordered an overhaul of the Legionaries after an investigation into decades of sexual abuse complaints against Degollado and alleged efforts to cover up the crimes. Degollado engaged in “very serious and objectively immoral behavior,” the Vatican said, and led “a life devoid of scruple and of genuine religious sentiment.” That conduct included fathering at least one child and sexually molesting boys and seminarians into the 1990s. Degollado died in 2008 at age 87.

Lara’s mother, Blanca Gutierrez Lara, gave birth to two children with Degollado, who used the alias Raul Rivas, according to the lawsuit. The biological sons — and another boy whom Degollado did not father — claim that Degollado sexually abused them, according to a report in the National Catholic Reporter. Only Lara is bringing a suit, however.

At a June 21, 2010 press conference in Minnesota, Lara said that Degollado explained his long absences from the family by saying he was a CIA operative and an oil company executive. Lara said that he did not know his father’s true identity, or that he was a priest, until 1997. Lara further stated at the press conference that the abuse began when he was seven and continued over the next nine years. Degollado would ask Lara’s mother to send him on trips with Degollado, Lara said.

Pope Benedict XVI appointed a special envoy and commission to oversee “purification” of the order and to deal “sincerely with all those who, within and outside the Legion, were victims of sexual abuse and of the power system devised by the founder.” Critics have described the order as secretive, controlling and cult-like, with seminarians largely cut off from contact with their families and the outside world.

The lawsuit claims that by allowing Degollado to remain as its leader, the Legionaries of Christ “intended to represent to children, including [Lara], that [Degollado] was fit, qualified and competent in all respects” and that the Legionaries “were aware that was using the power and resources gained from the Legionaries to meet with children around the world, including [Lara].”

The post Man Who Claims to be Son of Priest Sues Legionaries of Christ first appeared on SEONewsWire.net.

Seymour Priest Accused of Sex Abuse Placed on Leave

admin — Mon, 09 Aug 2010 23:36:41 +0000

The Reverend Stephen Bzdyra, accused of sexually molesting an altar boy during the 1980s in a lawsuit filed in July 2010, has been placed on administrative leave.

The Reverend Stephen Bzdyra, an active priest who is accused of sexually molesting, physically assaulting, and bribing a former altar boy primarily during the period from 1986-1990, has been placed on administrative leave by the Archdiocese of Hartford, a spokesman confirmed on July 9, 2010.

“A letter was sent yesterday by Archbishop Henry Mansell placing Father Bzdyra on administrative leave pending the completion of an investigation into the allegations,” said the Reverend John P. Gatzak, a spokesman for the Archdiocese of Hartford.

Bzdyra has been serving at Saint Augustine Church in Seymour, Connecticut. The misconduct alleged in the lawsuit, which was filed on July 7, 2010 by William Dotson of New Haven, primarily occurred between 1986 (when Dotson was age 10) and 1990 at Saint Francis Church in New Haven and Saint Hedwig Church in Naugatuck.

Gatzak said that Bzdyra is in Europe leading a scheduled pilgrimage. He said the archdiocese has been trying to get in touch with him, but so far had been unsuccessful.

The lawsuit claims that Bzdyra “repeatedly sexually molested William Dotson and forced himself onto William Dotson … (and) would physically assault and injure William Dotson.” The suit further claims Bzdyra “forced William Dotson into illegal drug use when the plaintiff was a minor and continuing after that time leading to frequent employment terminations.” Bzdyra may also have bribed Dotson with cash, liquor, two cars, and a washer and dryer and threatened to turn in Dotson’s single mother, who was on government assistance, to the Department of Children and Families if Dotson said anything about the abuse.

William Dotson never told anyone about the sexual abuse he says he suffered at the hands of the priest, but decided to come forward recently after the priest tried to “friend” his son on Facebook, Dotson’s lawyer said.

The lawsuit alleges Bzdyra whipped and raped Dotson, an altar boy, after catechism class when he was ten and molested him repeatedly in the rectory and church where Bzdyra served at the time. It accuses the priest of paying hush money, such as buying Dotson a washer and dryer and a car, and threatening to report Dotson’s mother to the welfare department for having too many jobs if he revealed the abuse, saying he would be taken away from his family.

The post Seymour Priest Accused of Sex Abuse Placed on Leave first appeared on SEONewsWire.net.

Stratton Faxon Proud to Support Fairfield Races

admin — Fri, 25 Jun 2010 19:46:35 +0000

Stratton Faxon Fairfield Road Race to be held at Fairfield’s Jennings Beach.

The 30th Annual Stratton Faxon Fairfield Road Race will be run on Sunday June 27, 2010, at Fairfield’s Jennings Beach. Featuring a half-marathon (13.1 miles) and 5K (3.1 miles), the event has been hosted by the Fairfield Firefighters since its inception. In 2009, the race saw incredible growth and had reached its runner limit a week prior to the race. This year’s race is limited to 4,500 participants and is expected to be a sellout. Over 3,000 runners have already registered so runners are encouraged to register as soon as possible.

The Half Marathon is routinely selected as one of the country’s top road races by Runner’s World magazine. Accolades for the race include being two-time host of the U.S. Women’s National Half Marathon Championship and three-time host of the National Masters’ Half Marathon Championship.
The 5-kilometer race will be run again for the fourteenth year. In 1995, it was added to the schedule to encourage more casual runners to participate in a race and has since become a popular family event.

As always, runners will enjoy bands along the race course, sports massage, and a post race beach party featuring food, refreshments, live music, and an awards ceremony. Shower facilities, D-tag timing, half marathon finisher medals, baggage claim, and free parking are also available to event participants. Technical running shirts will be provided to all entrants.

“We are very excited about the Fairfield races and are proud to support an event that gives back to the community,” said Michael Stratton, partner of Stratton Faxon. Sponsoring the race is part of Stratton Faxon’s 10% philosophy. That is, 10% of case fees are set aside to support charitable causes that help improve the community or civil jury system.

The primary charity for Fairfield Road Races (including the June 27th event) is the Connecticut Burns Care Foundation and the Alfred C. Luf Children’s Burn Camp.

Stratton Faxon became the title sponsor for the Fairfield Road Races in 2007 when the Kids’ 1K Fun Race was added to the race events. That year featured ideal weather for late June in Connecticut; low humidity with a light onshore breeze, and temperatures in the low 60s at the start of the race.

To learn more, visit http://www.strattonfaxon.com.

COMPANY PROFILE

Stratton Faxon is a Connecticut personal injury law firm specializing in medical malpractice, wrongful death, birth injury, truck accidents, and malpractice.

The post Stratton Faxon Proud to Support Fairfield Races first appeared on SEONewsWire.net.

Stratton Faxon Fairfield Half Marathon and 5K

admin — Fri, 25 Jun 2010 19:45:10 +0000

The 30th Annual Stratton Faxon Fairfield Road Race takes place on Sunday, June 27, 2010, at Fairfield’s Jennings Beach.

The Fairfield Half Marathon is a unique community event in Fairfield, Connecticut, that celebrates a history of regional participation and broad-based community support. Having gained national acclaim and a large international following over the years, 2009 saw the largest field of runners with over 4500 participants.

Featured events this year are the half-marathon, a 5K run, and a Kids’ Fun Run. All half-marathon finishers will also receive a finishers’ medal.

The Fairfield Firefighters have been hosting this event since its inception and have stayed true to the mission of the Fairfield Road Races: to produce a national caliber sporting event and to donate the proceeds to local charities, the primary charity being the Connecticut Burns Care Foundation and the Arthur C. Luf Children’s Burn Camp. The success of the Fairfield Road Races is attributed to the generosity and commitment of all participants – the runners, volunteers, spectators, community and civic organizations, financial, media and product sponsors – without the combined efforts of all these supporters, events wouldn’t have reached the scope and magnitude that they have achieved.

“With all our sponsors’ generous support, we can continue to put on a high-quality running event and raise even more money for charity,” commented the founder of the event Steve Lobdell. “Without support from our corporate sponsors, our event could not continue to donate thousands of dollars to these worthy causes.” The Fairfield Road Races are a non-profit organization that has contributed nearly one million dollars to other non-profit groups and local charities.

The first event started with only 200 runners and has blossomed into one of the premier events in the United States. While the half-marathon has a 30 year history, the 5K was added in 1995 with the idea of encouraging casual runners to participate, and has now become a popular family event.

As always, runners can enjoy live bands along the race course, sports massages and a post-race beach party that will feature food, refreshments, live music and an awards ceremony. If that doesn’t make you want to join in the festivities then maybe the shower facilities, baggage claim and free parking for participants will make you want to grab your running shoes.

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Murder-Suicide a Preventable Tragedy

admin — Fri, 25 Jun 2010 19:43:06 +0000

Responses of state agencies left much to be desired. Backlog of cases contributed to horrific events.
When Selami Ozdemir was arrested on charges of beating and kicking his wife for the first time, he was ordered into a family violence education program. Four months later, when he was arrested a second time for a similar offense, Ozdemir posted bail, returned to his West Haven, Connecticut, home and killed his wife, and then himself. His first domestic violence class was still three weeks away.
Due to a backlog in the program for first-time domestic violence offenders, defendants such as Ozdemir can have their court-ordered counseling delayed indefinitely.

A report on the case released May 24, 2010, included several recommendations for changes, including increasing the number of slots in the family violence education program to shorten the waiting period and get more defendants into the supervised program while their cases are pending.

There is, however, a catch in these financially-strapped times. “Some recommendations might cost money,” said Ansonia-Milford State’s Attorney Kevin D. Lawlor, “But they might also reduce the likelihood of domestic violence defendants offending repeatedly.” He added, “Justice shouldn’t come with a price tag.”

The report issued by the Ansonia-Milford state’s attorney’s office following a five-month investigation detailed a host of problems in the case. Ozdemir, 41, and his wife, Shengyl Rasim, 25, had two children, and his first arrest, in September 2009, included allegations that he knocked his wife against the crib where their 3-month-old slept. But none of the agencies involved alerted the Department of Children and Families after his first arrest; each appears to have assumed that someone else had, the report said. It recommended formalizing the procedures for notifying DCF in domestic violence cases that involve potential child endangerment.

After his second arrest, on January 16, 2010, Ozdemir allegedly managed to get out of custody without putting up any money for his $25,000 bond or signing a contract or payment plan – allegations that the state Insurance Department is investigating. The report suggested reforms to the bail bond industry designed to keep agents from allowing people to “get out of jail free.”

The report also described the failure of 911 operators to relay key information to police who were at the family’s home minutes prior to the murder-suicide.

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Stratton Faxon Lawyer Calls Murder-Suicide a Preventable Tragedy

admin — Fri, 25 Jun 2010 19:41:24 +0000

Joel T. Faxon, a lawyer representing the estate of Shengyl Rasim, has never witnessed such a preventable tragedy in his entire career as a lawyer.

When Selami Ozdemir was arrested on charges of beating and kicking his wife for the first time, he was ordered into a family violence education program. Four months later, when he was arrested a second time for a similar offense, Ozdemir posted bail, returned to his West Haven, Connecticut, home and killed his wife, and then himself. His first domestic violence class was still three weeks away.
Due to a backlog in the program for first-time domestic violence offenders, defendants such as Ozdemir can have their court-ordered counseling delayed indefinitely.

Stratton Faxon represents the late Shengyl Rasim’s estate.

The report also described the failure of 911 operators to relay key information to police who were at the family’s home minutes prior to the murder-suicide.

“This is probably the most preventable tragedy that I have ever witnessed in my career as a lawyer,” said Joel T. Faxon in a written statement. Stratton said the lawyers plan to file a federal civil rights complaint and ask the U.S. attorney to investigate whether there was evidence of racial bias in the department’s handling of the case. Rasim was from Turkey and didn’t speak English well. The state’s attorney’s report cites multiple instances in which language barriers presented problems, including during the 911 call shortly before Rasim was killed.

To learn more, visit http://www.strattonfaxon.com.

COMPANY PROFILE

Stratton Faxon is a Connecticut personal injury law firm specializing in medical malpractice, wrongful death, birth injury, truck accidents, and malpractice.

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Stratton Faxon Answers Commonly Asked Legal Questions

admin — Wed, 16 Jun 2010 14:03:03 +0000

The legal system can be complicated and sometimes overwhelming. While we have the resources and reputation of a large, well-established law firm, we still strive to give our clients the personal attention that only a small firm can provide. Here are some answers to a few commonly asked questions.

What do I need to know when contacting your law firm for the first time?
Any and all pertinent information regarding your case should be communicated with our intake paralegal upon your initial phone conversation. Accurate names and dates are extremely important, as well as a chronology of events and any medical records you may have, if malpractice is involved. The more information you provide, the more quickly we will be able to make an informed decision about the direction of your case.

How much will it cost for Stratton Faxon to handle my case?
We handle cases based on a contingent fee. That means we do not get paid until and unless our client makes a recovery. Generally, our fees will be a percentage of the recovery computed before deducting expenses. Even if we cannot accept your case, your initial consultation is always free.

What is a deposition?
A deposition, part of the pre-trial phase in a lawsuit known as discovery, is the act of taking a sworn testimony in which one or both of the parties are questioned, in certain well-defined circumstances. A court reporter is always present to make a verbatim stenographic record of all that is said during the deposition. Cross-examination is allowed and, similar to in a courtroom, attorneys can object to questions posed by the opposing counsel.

What if my case has to go to trial?
We organize every case as if it will ultimately be tried before a jury. Therefore, in the event that an agreement between the involved parties cannot be reached, we are fully prepared to fight for our clients in court. Our attorneys and support staff will spend time with you to make sure you know exactly what to expect during all phases of your trial.

How do you decide whether to accept a settlement or take my case before a jury?
This is rarely an easy decision and differs greatly from case to case depending on the components. Of course, we will advise you of the pros and cons of trying your case versus settling it. We will also do our best to make sure the settlement offer is a fair one. In the end, however, the decision is essentially yours to make.

To learn more, visit http://www.strattonfaxon.com.

COMPANY PROFILE

Stratton Faxon is a Connecticut personal injury law firm specializing in medical malpractice, wrongful death, birth injury, truck accidents, and malpractice.

The post Stratton Faxon Answers Commonly Asked Legal Questions first appeared on SEONewsWire.net.

Stratton Faxon Wins Justice for Rocky Hill Woman Badly Injured in Bicycle Accident

admin — Wed, 16 Jun 2010 14:01:32 +0000

Stratton Faxon helps win $2.9 million settlement on May 7, 2010, compensating a 43-year-old woman for a permanent neck injury sustained in a bicycle accident.

Attorney Michael Stratton of Stratton Faxon Law Firm obtained a $2.9 million verdict on May 7, 2010, in Hartford Superior Court for a 43-year-old woman with a permanent neck injury after sustaining a fractured spine. Rocky Hill resident Maribeth Blonski was injured after crashing into a closed gate on a rural bike path not far from her home. The defendant, Metropolitan District Commission (MDC), had ordered the gate closed to protect the water supply. The closed gate was rusted, bore no warning, had insufficient markings and was improperly used as a barrier due to the risk of this type of injury.
Before the trial began, the defendant offered a settlement of $50,000, even as MDC blamed the plaintiff for her injury. The surgery that was necessary after the accident was a multi-level fusion of the cervical spine and cost over $100,000 in medical expenses.

Experts testified during the trial that the bar gate used to block off the bike path had been eliminated as a proper barrier long ago. The defendant failed to follow standards and install a proper protective barrier.

On Friday, May 7th in Hartford Superior Court, the jury took less than two hours to deliberate before returning with a $2.9 million verdict to compensate 43-year-old Maribeth Blonski for her harms and losses. Consistent with its close examination of the evidence, the jury found the plaintiff to be 30% responsible for the incident. “The MDC could have settled this case for a mere fraction of the verdict amount,” said Stratton, “but its arrogance and unreasonable view of the case required the jury to carefully weigh the evidence and come to the correct result. Simply put, the MDC chose profits over the safety of the thousands of recreational users of its property.”

The MDC was represented by Attorney Tom Cella of Howard Kohn Sprague and Fitzgerald.

To learn more, visit http://www.strattonfaxon.com.

Stratton Faxon is a Connecticut personal injury law firm specializing in medical malpractice, wrongful death, birth injury, truck accidents, and malpractice.

The post Stratton Faxon Wins Justice for Rocky Hill Woman Badly Injured in Bicycle Accident first appeared on SEONewsWire.net.

Vaccine Injury

admin — Wed, 16 Jun 2010 14:00:03 +0000

A vaccine injury is an injury caused by a vaccination. Across the nation, a number of children—and even adults—have been injured by adverse vaccine reactions.

A surprisingly large number of vaccines administered to patients cause adverse reactions. First on the list are probably the Tetanus toxoid-containing vaccines (DTaP, Tdap, DTP-Hib, DT, Td, and TT). Once popularly known under the umbrella term “lockjaw,” this toxoid can even be deadly if not diffused in the body quickly enough.

Another group of dangerous vaccines are used to suppress pertussis, more commonly known as whooping cough. The Pertussis antigen-containing vaccines (DTaP, Tdap, DTP, P, DTP-Hib) are seldom fatal these days, but can cause serious injury with lasting complications.

Vaccines used to suppress measles, mumps and rubella (German measles) all contain a potent virus. This particular group in any combination (MMR, MR, M, R) is especially dangerous to children suffering from immune disorders or to pregnant women. The rubella grouping is typically one of these (MMR, MR, R).
Polio vaccines are the vestigial link to what was once a rare but extremely feared disease that was seldom fatal but was known to be incapacitating for long periods, causing respiratory distress and fairly common paralysis, especially in children (infantile paralysis). The group of vaccines of polio live virus-containing vaccines (OPV) can still be a threat – especially in the Deep South. Polio inactivated-virus containing vaccines (IPV) are less likely to cause active symptoms.

Hepatitis B antigen-containing vaccines (Engerix-B, Recombivax HB, Twinrix) can also cause adverse reactions especially in patients prone to auto-immune disorders.
The list is rounded out with a number of potentially dangerous vaccinate materials including:

Hemophilus influenzae (type b polysaccharide conjugate vaccines)
Varicella vaccine (Varivax chicken pox virus vaccine and ProQuad)
Rotavirus vaccine (Rota Teq )
Pneumococcal conjugate vaccines (Prevnar)
Hepatitis A vaccines (Havrix, VAQTA, and Twinrix)
Trivalent influenza vaccines (Flu vaccines including FluMist, a live attenuated influenza virus vaccine; and injectable influenza vaccines FluShield, Fluvirin, Fluzone, and Afluria)
Meningococcal vaccines – meningococcal polysaccharide vaccine (MPSV4) and meningococcal conjugate vaccine (MCV4), Menactra
Human papillomavirus (HPV) vaccines (Gardasil and Cervarix)

This list changes often so if you or a loved one may have been injured by a vaccination, an attorney should be contacted who deals with such cases and will undertake an investigation.

The post Vaccine Injury first appeared on SEONewsWire.net.

Rocky Hill Woman Awarded $2.9 Million for Neck Injury in Bicycle Accident

admin — Wed, 16 Jun 2010 13:57:19 +0000

A settlement was reached in Hartford Superior Court on May 7, 2010, compensating a 43-year-old woman for a permanent neck injury sustained in a bicycle accident when she crashed into an unmarked gate which had been improperly used as a barrier.

Maribeth Blonski, a resident of Rocky Hill, was injured after crashing into a closed gate on a rural bike path not far from her home. The defendant, Metropolitan District Commission (MDC), had ordered the gate closed to protect the water supply. The closed gate was rusted, bore no warning, had insufficient markings and was improperly used as a barrier due to the risk of this type of injury.

Before the trial began, the defendant offered a settlement of $50,000, even as they blamed the plaintiff for her injury. The surgery that was necessary after the accident was a multi-level fusion of the cervical spine and cost over $100,000 in medical expenses.

On Friday, May 7th in Hartford Superior Court the jury took less than two hours to deliberate before returning with a $2.9 million verdict to compensate 43-year-old Maribeth Blonski for her harms and losses. Consistent with its close examination of the evidence, the jury found the plaintiff to be 30% responsible for the incident. According to the victim’s attorney, the MDC could have settled this case for a small fraction of what was eventually awarded. Why didn’t they?

It appears that the MDC’s arrogance and unreasonable view of the case required the jury to carefully weigh the evidence and come to a conclusion that was much less favorable to their interests. It might also be argued that the MDC’s recalcitrance in this instance might have been a course chosen for short-term financial gain – without due consideration or concerns figured into the commission’s decision-making process. This course of action may be considered particularly unfortunate as the safety of potentially thousands of the property’s recreational users were needlessly placed at risk.

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Stratton Faxon Advocates for Patients Injured by Heparin Treatments

admin — Fri, 25 Sep 2009 02:12:11 +0000

Michael Stratton of Stratton Faxon, Connecticut’s firm for trial law, is concerned about the controversial blood thinner heparin.

Heparin is a blood-thinning drug that had become practically ubiquitous in hospitals by 2008, especially as part of a regimen for a host of cardiovascular-related conditions. But in the intervening months since, this particular pharmaceutical has been blamed for as many as 100 patient deaths and perhaps thousands of injuries caused by contaminated ingredients and confusing labeling that led to overdoses.

“It used to be considered safe without reservations,” says attorney Michael Stratton of Stratton Faxon based in New Haven, Connecticut, “not anymore.”

In Delaware, the maker of the drug, Baxter International Inc., has confirmed the deaths of a 71-year-old man and a 64-year-old woman who received the drug at Beebe Medical Center in Lewes, Delaware. A third patient who suffered medical complications at the same hospital after receiving the drug survived. “These are tragic cases, but probably only the tips of the proverbial iceberg,” Stratton says, “Cases involving heparin are seldom easy to prove.”

In 2008, Baxter heparin contaminated with a counterfeit active ingredient supplied by a Chinese company was blamed for about 100 deaths and hundreds of injuries to patients receiving the drug. Based on those injuries, the FDA ordered a recall of heparin made by Baxter before the year ended. It later was determined that the FDA had failed to inspect the Chinese plant where the contaminated heparin was made, prompting calls to improve the agency’s monitoring of foreign drug manufacturers.

Baxter was also criticized for labeling that failed to adequately distinguish between full-strength heparin and a lower-dose form of the drug, called HepLock, which is used in newborns.

Confusion between the size of the vials and similar labeling for heparin and HepLock was blamed for mix-ups in which newborns were given multiple doses of full-strength heparin instead of HepLock, causing deadly internal bleeding. In one high-profile case, the newborn twins of actor Dennis Quaid and his wife were critically injured when a nurse at Cedars-Sinai Medical Center in Los Angeles mistakenly administered several doses of heparin to the twins instead of HepLock. “Such mistakes are inexcusable,” Stratton concludes.

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Tripod Accident Settles for $1.35 Million

admin — Sun, 20 Sep 2009 02:10:25 +0000

Stratton Faxon, Connecticut’s firm for trial law, helped to procure justice for a woman victimized by a defective tripod that had been manufactured by a Chinese company.

It happened at a restaurant called Knickerbocker’s in Middletown, Connecticut, in December 2003. A disc jockey was setting up a lighting display for a show. An 80-pound lighting fixture on an adjustable tripod came out of its socket and landed on Angela Wilson’s head. She was briefly knocked unconscious, and was treated by emergency medical technicians at the scene.

Shortly after the incident, Wilson began experiencing memory loss, headaches, gait disturbance and unexplained tremors in her leg. In time, a diagnosis of traumatic brain injury was applied to her situation, and she filed a civil action with the help of Connecticut’s firm for trial law, Stratton Faxon, based in New Haven. “Establishing liability and proving damages proved difficult in this case,” said Joel Faxon, “Special challenges existed.”

Faxon explained further. “They never found the Chinese company [that made the tripod]. We knew who it was, and brought a third-party action, but they never appeared,” Faxon said. The defendant was a Bronx importer called Visual Effects Inc., which sold the device.

The tripod was adjustable, but had no internal stop mechanism to keep sections from separating. Stratton Faxon retained engineer John R. Manning, of San Francisco, to analyze the tripod, which he deemed defective in its design.

Unlike ordinary negligence cases, products liability cases allow introduction of evidence that the defect was subsequently repaired or improved in a later design. “That provision of the Connecticut products liability statute was valuable in proving our case,” Faxon asserted. In subsequent versions of the tripod, a safety stop was built in.

The case was mediated by Superior Court Judge Theodore Tyma, in Derby, Connecticut, and the parties agreed to a settlement of $1.35 million.

The most controversial part of the case was proving that Wilson was actually injured, Faxon said. Because the objective tests of brain damage yielded no proof, the defense contended that she was simply malingering, and that the debilitating medical symptoms she claimed were simply faked.

Faxon retained psychologist Robert A. Novelly, of Branford, Connecticut, who testified that Wilson had suffered impairment of “executive functions” making it impossible for her to work or to function fully as a homemaker and mother. Novelly was recently disciplined by state licensing officials, but according to Faxon his firm was happy to rely on Novelly’s testimony, and would do so again.

“We are aware that Mr. Novelly has had disciplinary action in the past related to his delay in providing written reports to lawyers concerning his patients,” Faxon acknowledged. The disciplinary probation, which ended January 1, 2009, “has no impact on his qualifications as an expert, his quality as a persuasive witness or his ability to be a resource for his patients,” Faxon concluded.

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Risk of Guillain-Barre Syndrome May Still Exist with H1N1 Influenza Vaccine

admin — Thu, 10 Sep 2009 02:07:57 +0000

1976 incidents often go unmentioned, but may prove quite relevant when mass immunizations begin occurring late in 2009.

In 1976, U.S. Army recruit Private David Lewis was based at Fort Dix, N.J., and suddenly felt very sick. Within a day he was dead. The cause of his death was given as “swine flu,” otherwise known as the H1N1 influenza virus. As a consequence of this single death, approximately 45 million Americans were inoculated against H1N1 between October 1, 1976, and December 16, 1976.

Shortly after the 1976 vaccinations began, recipients of the vaccine began developing Guillain-Barre syndrome, a rare neurological illness associated with loss of muscle control, leg and arm paralysis, tingling and weakness.

According to Dr. Walter Rocca, now one of two co-directors of the Rochester Epidemiology Project, “The Rochester Epidemiology Project helped uncover that there were more cases of Guillain-Barre syndrome. The vaccine was given and there were no foreseen issues – and then a number of neurologists started to notice people coming in with Guillain-Barre.” Out of prudence, the 1976 vaccinations were stopped.

In Olmsted County, New Jersey, where Fort Dix is located, between 1935 and 1980, 48 residents of Olmsted County (29 male and 19 female) met the criteria for a diagnosis of Guillain-Barre syndrome. Twenty persons, an increased risk that was limited to the initial five or six weeks after being immunized, showed a small but significant vaccine-attributable rise in Guillain-Barre risk.

Is the 2009 new vaccine against H1N1 pandemic influenza risky?

“No vaccine is without risk,” said Claudia Vellozzi, acting deputy director for the Immunization Safety Office at the Centers for Disease Control and Prevention. Keeping such prudence in mind, the CDC staff will continue to watch for Guillain-Barre and other risks this year. Federal officials say that the H1N1 vaccine includes a smaller portion of the virus, thus making it much safer than the 1976 vaccine.

But this is small consolation to those who were adversely affected thirty-three years ago. Guillain-Barre syndrome can drastically affect a person’s quality of life, even if the illness is rarely fatal. Michael Lindstrom was a New Jersey-based minor league baseball player with hopes of making it to the Major Leagues when he was inoculated in 1976. Afflicted with Guillain-Barre that same year, he never played another game.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon.

Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Swine Flu Vaccine May Pose Unexpected Risks

admin — Sat, 05 Sep 2009 02:05:10 +0000

The proposed H1N1 influenza vaccine expected to be administered to millions of Americans may pose serious risks, along with subsequent lawsuits due to adverse consequences experienced.

Much discussion has recently surfaced about the mandated administration of H1N1 “swine flu” vaccines to millions of Americans, especially those included in so-called “high risk” groups such as children, the elderly and pregnant women. But if these groups are at risk for contagion of the relatively rare influenza strain – they may also be at risk for adverse consequences received from the vaccine itself.

How safe is this vaccine? What are its potential hazards?

In fact, one of the special groups currently being targeted for vaccination is healthy pregnant women. This group, while at risk for the “swine flu,” may be at direct risk of experiencing adverse affects attributable to the vaccine itself, including but not limited to mercury poisoning. On July 23, 2009, the U.S. Food and Drug Administration’s Vaccine and Related Biologic Products Advisory Committee (VRBPAC) confirmed that the H1N1 vaccine will contain significant amounts of mercury containing the preservative thimerosal. This mercury-laden concoction has not been proven yet to cause adverse health consequences, but concerns about fetuses being harmed have arisen. To stretch the vaccines, certain adjuvants may also be added to the concoction prior to its being administered. These compounds have yet to be specifically approved for use in the United States and some studies have shown they cause immune disorders in mice. In fact, the proposed adjuvants (AS03 and MF59) are squalene oil-based. Exposure to squalene is associated with production of auto-antibodies and auto-immune disease. Squalene adjuvant in vaccines may well have been responsible for Gulf War Syndrome among U.S. military personnel.

Although six deaths occurred among pregnant U.S. women believed to have the H1N1 flu between April 15 and June 16, 2009, how many deaths and adverse consequences may occur if healthy pregnant women in mass numbers are exposed to the vaccine? An epidemic of auto-immune disease or Gulf War Syndrome among otherwise healthy, pregnant women would almost certainly trigger a rash of related lawsuits, as liability may be provable in varying degrees.

These potential hazards may already have been lost in the politically-motivated public safety arguments which have advocated for mass immunization of relatively untested vaccine concoctions in recent months.
Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon.

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Ex-Major League Umpire, Mark Hirschbeck, Seeks Accountability for His Failed Artificial Hip

admin — Tue, 25 Aug 2009 02:03:15 +0000

Stratton Faxon, Connecticut’s firm for trial law, has represented former MLB umpire Mark Hirschbeck in his fight for justice. As a follow-up, Hirschbeck has joined the legislative battle with other victims in an effort to pass the Medical Device Safety Act.

When Mark Hirschbeck began his career as an umpire, right after high school, he never thought that three failed hip replacements would lead to a disastrous end of his dream career. After 23 years of being an umpire, the majority of that time spent in the Major Leagues, he began to have pain in his right hip. This would cause him to require frequent cortisone shots.

In June 2003, Hirschbeck went to John Keggi, a physician based in Waterbury Connecticut, to seek out a hip replacement. Upon being informed that he was going to receive the “Rolls Royce” of hip replacements, Hirschbeck underwent the surgery in hopes of returning to the Major Leagues. While in recovery from the surgery, the ceramic hip shattered. “Pain shot right through my side,” stated Hirschbeck.

Hirschbeck returned to the same physician and replaced the artificial hip with an exact duplicate of the previously shattered one. This would lead to a staph infection, one month later. After undergoing a 3rd surgery with the same brand artificial hip, the infection returned again.

This led Hirschbeck to Dr. Charles Cornell of New York who removed the pieces of ceramic and metal from inside Hirschbeck’s hip. He also administered antibiotics to clear up the infection. After spending eight weeks in recovery, a non-ceramic hip was surgically implanted. Hirschbeck has said that he is much better now, but still requires pain medication because it hurts him to stand or sit for any extended period of time.

Hirschbeck has a pending lawsuit against John Keggi and Wright Medical Technology, Inc, the original equipment manufacturer of his first three artificial hips. Stratton Faxon’s Eric P. Smith is representing Hirschbeck in his case. Hirschbeck just wants his day in court, which is why he’s lobbying federal lawmakers in Washington, D.C. for the initiation of The Medical Device Safety Act. This would allow individual consumers of medical devices to be able to hold the manufacturers responsible when injury or death occurs from their products. “He’s a fighter,” concludes Smith, “an extremely courageous man whose quality of life has been altered forever. We’re hoping that he can win his case, not just for his sake, but in order to set a precedent for other victims.”

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Stratton Faxon Wins $1.45 Million Jury Verdict Against Negligent Health Care Facility

admin — Sat, 15 Aug 2009 02:01:39 +0000

Stratton Faxon Attorney Eric P. Smith decries negligent death of elderly woman.

Connecticut’s firm for trial law, Stratton Faxon, helped to win Karen Smith’s case of negligence at Dairen Health Care Center. Her mother had been admitted there after suffering from fractured ribs caused by a minor automobile accident. Less than a week after her admission she died. A jury awarded a $1,450,000 verdict to the plaintiff, Karen P. Smith, Administratrix of the Estate of Margaret Miller, against the Darien Health Care Center and 599 Boston Post Road Operating Company II, LLC.

Margaret Miller repeatedly called to the nurse’s station because she required assistance in going to the restroom. These calls were ignored by the health care facilities’ staff. Having given up on waiting for help from the nurses, Ms. Miller attempted to use the restroom on her own accord. Before she made it she slipped, further injuring herself by breaking her hip and shoulder.

At Norwalk Hospital, where Ms. Miller was taken after her fall, the orthopedics department deemed it necessary to operate on these injuries. During surgery major complications arose. Due to these complications, Ms. Miller died.

While in trial it was argued by the defense that their client was not neglectful, it was Ms. Miller who was at fault for attempting to use the restroom on her own. It was also argued that due to the fact that she was 80 years old, her life expectancy was already shortened.

Eric P. Smith, of Stratton Faxon, provided some observations in retrospect. “Of course not every fall can be prevented, but standard practices of care dictate that skilled nurse professionals should assess new patients and provide appropriate care. Ms. Miller was virtually left alone in a room for several hours, her calls for help seemingly ignored. This is what led to her fall and truly an undignified death that she did not deserve. I am glad the jury could recognize that and I hope, with the five-year anniversary of Ms. Miller’s death upon us, her family can now gain some peace.”

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Former MLB Umpire Hirschbeck Seeks Accountability

admin — Mon, 10 Aug 2009 02:00:10 +0000

Former Major League Baseball umpire Mark Hirschbeck had his career ended and his dreams dashed by a failed hip replacement. Consequently, he’s become an advocate for Congress to pass the Medical Device Safety Act.

Mark Hirschbeck reached the pinnacle of his profession in 2001 when he umpired in the 2001 World Series. But in the nearly a decade since, he’s experienced a nightmare of dashed dreams and never-ending pain.
Hirschbeck, 48, began umpiring right after high school. It took him eight years to rise through the ranks to the Major Leagues. His umpiring career at the highest level lasted fifteen years. By then, years of squatting, bending, and running had made pain and cortisone shots regular features of his life. In June 2003, following hip replacement surgery, he heard a “pop.” The hip, a ceramic one, had shattered. “Pain shot right through my side,” Hirschbeck said.

His physician had supposedly given him the “Rolls Royce” in artificial hips, and told him that he’d soon be able to resume his coveted umpiring career. It never happened.

A second surgery by the same doctor replaced the original artificial hip with the identical brand. By August, severe pain redeveloped and Hirschbeck was diagnosed with a staph infection. A third hip replacement surgery, again with the same brand of artificial hip, led to the same result.

Eventually, he sought out a different physician, Dr. Charles Cornell of New York, who removed all the ceramic and metal from his hip and administered antibiotics to clear the infection. Months later, he’d recovered to some extent, but his recovery has been limited. “I can’t run anymore, I can’t play golf, I can’t do yard work, and I can’t be an umpire,” Hirschbeck says.

When he first underwent surgery at age 42, he’d anticipated an additional 15 years of working as a Major League umpire.

In 2008, the U.S. Supreme Court ruled that manufacturers of class III medical devices attaining U.S. Food and Drug Administration approval, like Hirschbeck’s artificial hip, are immune from claims challenging these products’ safety or effectiveness. Hirschbeck, like many other victims of similar corporate negligence, is trying to change this outcome via the legislative route.

U.S. Rep. Rosa DeLauro, D-3, supports the Medical Device Safety Act. “Stories like that of Mark’s demonstrate the need for modernizing and strengthening the Food and Drug Administration’s drug and device safety responsibilities, including reforming the approval process for medical devices, increasing transparency, and enhancing post-market surveillance.”

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon.

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Darien Health Care Center Loses $1.45 Million Jury Verdict

admin — Wed, 05 Aug 2009 01:57:05 +0000

A blatant case of nursing home abuse resulted in a jury verdict of nearly a million and a half dollars against a Connecticut-based nursing care facility.

On July 29, 2004, Margaret Miller was admitted to Darien Health Care. She had fractured ribs as a consequence from an automobile accident. At Darien, while needing assistance to use the restroom, her repeated calls to the nurses went ignored. As a result of this negligence, Ms. Miller slipped and sustained additional injuries. A fractured hip and shoulder on her right side caused her to be rushed to an emergency room at Norwalk Hospital. The orthopedic department determined surgery to be the most viable option to heal these injuries. Regrettably there were complications from the surgery. These complications would lead to her untimely death in the incredibly short period between July 29th and August 4th of 2004.

It was argued in the case that because Margaret Miller was 80 years old, she couldn’t have been expected to live long anyway. The plaintiff’s attorney counter-argued that standard operating procedures were not observed at the health care facility when Margaret Miller had initially been admitted. If these procedures had been conducted properly, her tragic accident might have been prevented. “Of course not every fall can be prevented,” said Eric P. Smith, attorney for the plaintiff, “but standard practices of care dictate that skilled nurse professionals should assess new patients and provide appropriate care. Miller was virtually left alone in a room for several hours, her calls seemingly ignored. This is what led to her fall and truly an undignified death that she did not deserve. I am glad that the jury could recognize that and I hope, with the five-year anniversary of Ms. Miller’s death upon us, her family can now gain some peace.”

Five years to the day after this nightmare of a trial began, the jury in Karen P. Smith, Administrator of the Estate of Margaret Miller vs. Darien Health Care Center and 599 Boston Post Road Operating Company II, LLC awarded the plaintiff one million and four hundred fifty thousand dollars in compensation. Even with this amount of money nothing can ever replace the loss of a loved one to unwarranted negligence.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon.

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The Stratton Faxon Story

admin — Fri, 24 Jul 2009 19:41:14 +0000

The Connecticut personal injury and malpractice law firm, Stratton Faxon, was founded by two dedicated trial lawyers, Michael A. Stratton and Joel T. Faxon. Experienced in the courtroom and recognized by their peers, they are known as “principled” attorneys, giving voice in many cases to those who would have had no voice.

Stratton Faxon, based in New Haven, is a trial law firm dedicated to representing clients victimized by injuries often difficult to contemplate. “We represent plaintiffs who have suffered personal injury and loss in the most catastrophic ways,” says Joel T. Faxon. Often the large corporations, hospitals, religious and commercial entities they face in courtroom proceedings are interested in the bottom line – dollars and cents – while losing sight of the human equation that can lead to myriad forms of injustice. “We get to see a side of our society that can be very distressing to watch,” Michael A. Stratton explains, “Sometimes a glut of wealth and power is brought to bear against ordinary people in extraordinary ways that ruin families and destroy lives.”

It might be an accident or trauma whose root cause is neglect, or something more deliberate, with or without actual malice. But when a case is pursued, it can lead to high drama in the courtroom, and occasionally through the efforts of an excellent trial law firm, to a satisfying outcome. Experienced in the courtroom and recognized by their peers, the Stratton Faxon law firm is deeply committed to taking on the most difficult and egregious Connecticut personal injury and malpractice cases and bringing them before juries.

In 2006, Stratton Faxon won the highest personal injury verdict in Connecticut federal court history. Stratton Faxon was also ranked among the highest jury verdicts by the Connecticut Law Tribune. Michael and Joel have personally been named Connecticut “Super Lawyers” by the publishers of Connecticut Magazine for several years in a row.

The outstanding firm currently represents more than 250 families who have suffered injury due to Vioxx, Bextra, and Celebrex – defective Cox-2 inhibitor drugs used to treat arthritis pain but shown to possess dangerous side effects linked to clotting, heart attack, and stroke.

“The average person needs to know that without hardworking, authentic trial lawyers, it would simply be a world of might makes right,” Michael A. Stratton concludes.

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Stratton Faxon on Medical Malpractice

admin — Fri, 24 Jul 2009 19:40:05 +0000

Medical malpractice can result from a number of situations that may not immediately come to mind. The Stratton Faxon Law Firm based in New Haven, Connecticut, is well-versed in every aspect of what health care providers too often fail to do.

It’s a broad term that is bandied about even by non-lawyers used to describe any treatment, lack of treatment, or other departure from accepted medical standards that result in injury or death to a patient. A medical malpractice claim may be made against anyone who provides medical or health care to a patient, including physicians, registered or other nurses, hospitals, dentists, nursing homes, and pharmacists. “It can actually be applied to other types of medical specialists too,” asserts Joel Faxon of the Stratton Faxon Law Firm based in New Haven, Connecticut.

The types of claims engendered in medical malpractice court filings are also myriad and diverse, often involving errors of reckless actions shown during a patient’s medical procedure or surgery. But it doesn’t necessarily end there. “Medical malpractice can also be failure to diagnose a disease or condition, or failing to prescribe proper medication, neglecting to inform a patient of available treatments, or perhaps continuing a treatment course that has proven ineffective,” says Michael Stratton of the Stratton Faxon Law Firm.

There is also a four element threshold that can substantiate grounds for medical malpractice. “A few givens have to exist in a civil society,” Stratton adds, “Health care providers owe a duty to the patient subsequent to instigating care. If the duty is breached, and the patient suffers an injury or the patient suffers damages to his/her person or economically, medical malpractice may have occurred.”

But if a breach is established and resulted in no harm to the patient, a claimant has no right to recovery. “In fact, even poor results can’t always be blamed on medical malpractice,” argues Faxon.

That said, if one develops a “gut feeling” or a sense of being a victim of medical malpractice, Stratton Faxon should be contacted immediately. “We can’t guarantee what will happen. Claims for medical malpractice require a considerable amount of time to conduct an appropriate medical and legal investigation and statutes do apply. But if you suspect you or a loved one were the victim of medical malpractice, we’d like to hear from you,” Stratton concludes.

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Improperly Removed Lung Wins Jury Verdict Against Hospital Pathologist After Cancer Misdiagnosis

admin — Fri, 24 Jul 2009 19:39:04 +0000

A ruling in Connecticut Superior Court found that Elizabeth Lach-Pasko, M.D. was negligent in her pathology findings, misdiagnosing the plaintiff with an aggressive cancer requiring immediate resection and removal of a lobe of his lung when there was actually no malignancy present.

In Hartford on June 17, 2009, a Superior Court jury in Michael Santopietro vs. Elizabeth Lach-Pasko, M.D. awarded $1.56 million to the plaintiff, 67-year-old Canton resident Michael Santopietro, finding that Dr. Elizabeth Lach-Pasko, director of the Department of Pathology at Charlotte-Hungerford Hospital, was negligent in her pathology findings, misdiagnosing the plaintiff with cancer requiring immediate resection and removal of a lobe of his lung when there was actually no cancer present.

Santopietro had recently retired from his job driving a handicap van for children with special needs in 2005 when he underwent a needle aspiration (biopsy) of his lung, which was submitted to the Department of Pathology at Charlotte-Hungerford Hospital where Lach-Pasko was a staff pathologist and pathology department director. Lach-Pasko issued a report the same day stating that the specimen of Mr. Santopietro’s lung was malignant and dangerously cancerous. Santopietro was immediately transferred to a cardiothoracic surgeon who quickly removed a portion of the left lung that Lach-Pasko had reported as cancerous.

While Santopietro was in recovery at Saint Francis Hospital after his surgery, their pathology department issued an updated report indicating that the lung specimen submitted from surgery showed “no evidence of malignancy.” Upon reviewing the findings, Santopietro’s primary care physician agreed: there was no tumor and no cancer. The amount of lung tissue removed was described during trial by Lach-Pasko’s own colleagues as “nearly half the size of a tennis ball in surface area.”

At trial, the jury listened to arguments posed by both sides for several weeks. It was determined that the plaintiff needlessly underwent a painful surgery and is now without a significant portion of a lung for no reason whatsoever. Charlotte-Hungerford Hospital had also refused to provide the lung tissue slides in question showing the misdiagnosis was withdrawn prior to trial. After the lung tissue was removed, Santopietro required constant supplemental oxygen and is now primarily confined to a wheelchair.

Santopietro was represented by Paul T. Edwards of Stratton Faxon Law Firm in New Haven, Connecticut.

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Sister of Prominent Spokeswoman Files Wrongful Death Suit

admin — Fri, 24 Jul 2009 19:37:16 +0000

The sister of a woman who died in a February 2009 plane crash in Buffalo, N.Y., and who had been a prominent spokeswoman for victims of 9/11 terror attacks and their survivors – has filed a wrongful death suit against three airlines, including Houston-based Continental.

Beverly Eckert, a widow since the death of her husband, Sean Rooney, on September 11, 2001 – in the attacks on the World Trade Center on that date – was among 50 passengers and crew aboard Continental Connection flight 3407 departing Newark’s Liberty International Airport on February 12, 2009, that crashed less than 100 yards from its destination of Buffalo-Niagara International Airport. Her sister, Margaret Eckert, has filed a wrongful death suit against three airlines, including Houston-based Continental.

The flight was operated by Continental Airlines contractor Colgan Air, a wholly-owned subsidiary of Tennessee-based Pinnacle Airlines Corp.

Margaret Eckert, the executor of her deceased sister’s estate, appeared in federal district court in Connecticut to file suit. She alleges that the plane was operating on autopilot with its wings loaded with ice, a condition that caused the aircraft to slow and stall immediately prior to the crash.

Just a week prior to her death, Beverly Eckert was at the White House with Barack Obama, part of a meeting the president had with relatives of those killed in the 2001 attacks and the bombing of the USS Cole to discuss how the new administration would handle terror suspects.
Spokespersons for Continental and Pinnacle declined comment pending litigation.

Colgan operates an average of 173 daily flights for Continental, serving 28 cities, according to Mary Clark, a Continental spokeswoman, a statistic representing 6.5% of the parent airline’s average daily flights systemwide.

From Continental’s Houston hub Colgan flies to a dozen destinations in Texas and Louisiana. From the Newark hub, Colgan flies to 16 East Coast destinations, including Boston, Pittsburgh, and Toronto.

Since the crash, there have been no changes in Colgan’s two contracts with Continental, one of which expires in 2010 and the other in 2018, according to Pinnacle spokesman Joe Williams. Margaret Eckert is represented by Stratton Faxon Law Firm in New Haven, Connecticut.

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Stratton Faxon Sues Google for Alleged Search Irregularities

admin — Mon, 06 Jul 2009 16:50:32 +0000

A lawsuit filed by Stratton Faxon, is asking for a $50,000 pre-judgment lien against Google while also pursuing an injunction to prevent Google from selling Connecticut law firm names as so-called adwords.

When performing a Google search for either Stratton Faxon or RisCassi & Davis, those firms’ websites invariably came up in the second position. Above it, shaded in light yellow to indicate a paid advertisement, was a listing labeled “Defending Patients’ Rights.” Smaller type displayed the URL www.SGTlaw.com, which belongs to Silver, Golub & Teitell, a competitive personal injury law firm located in Stamford, CT. When this was discovered by Stratton Faxon partner Michael Stratton, he was not amused. “I don’t think Google should make money selling my law firm’s name,” he said.

As the Internet continues to evolve as an integral marketing tool for business, connecting with clients and the concept of potential customers searching for your firm’s name would seem to be a given. But when a cursory Google search revealed SearchAboveit, a sponsored advertisement for a competitor, in association with that cursory Google search, New Haven based personal injury lawyers Michael Stratton and Joel Faxon decided to take legal steps. They’ve filed suit against Google in New Haven Superior Court, alleging that the search engine giant improperly sold advertising rights to the Stratton Faxon name, to a competitor.

It isn’t the only such example. Other businesses have also discovered that while performing a Google search on their proper company business or marketing name, that a competitor’s name is sometimes placed on the top of the stack above the searched name, as a sponsored ad. According to a May 27th report in the Connecticut Law Tribune, companies such as American Airlines and Geico Insurance have filed similar grievances with Google before ultimately settling them.

In this instance, a Google campaign referred to as “Adwords” featured the Stratton Faxon law firm as a series of keywords within the online marketing strategy of personal injury firm Silver, Golub & Teitell. It should be noted that SGT was not named as a defendant in the Stratton Faxon lawsuit, which asks for a $50,000 pre-judgment lien against Google and is also pursuing an injunction to prevent Google from selling Connecticut law firm names as so-called adwords. Michael Stratton indicated that in addition to suing Google, his firm was planning to ask the Connecticut Bar Association for an ethics opinion.

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Stratton Faxon Road Race Attracts Record Crowd

admin — Mon, 06 Jul 2009 16:47:33 +0000

The 29th Annual Stratton Faxon Fairfield Road Race scheduled for June 28 at Fairfield’s Jennings Beach is expected to reach its 4,000 runner limit well before race day.

Sunday, June 28th, is expected to be a festive day. Fairfield’s Jennings Beach will be the scene of the 29th Annual Stratton Faxon Fairfield Road Race. It will feature a half-marathon (13.1 miles), a 5K (3.1 miles), and a 1K Kids Fun Run.

Since its inception in1980, the event has been hosted by the Fairfield Firefighters. While this year’s race has been limited to 4,000 runners (with 3000+ already registered as of this writing), a full field is expected well before the day of the races. The event has grown in popularity with each passing year. Asserts race director Steve Lobdell, “While last year’s events drew a record crowd of 3,300, this year’s entries are 50% ahead of last year’s pace.”

The 2009 road race boasts several new additions. A Chrono Track timing system will add a new measure of precision. The disposable tag, or D-tag, eliminates the need for several organizational choke points. This innovation will allow athletes to spend more time focusing on their competition and less time waiting in lines. Easy to attach to a runner’s shoe, the D-tag is also far lighter and less intrusive than other timing tags and chips. For this year’s half-marathon event, all finishers will be receiving attractive “race completion” medals.

As always, sensory delights such as live bands and an optional sport massage will treat the runners along the courses. A post-race beach party will feature food, refreshments, live music, and an awards ceremony. Shower facilities, baggage claim, and free parking is available for participants. Technical running shirts will be given to the first 3,700 entrants in the half-marathon and 5K.

The Stratton Faxon law firm became the event’s Title Sponsor in 2007.

“We’re very excited about the Fairfield races and are proud to support an event that gives so much back to the community,” said Michael Stratton, partner of Stratton Faxon. Sponsoring the race is part of Stratton Faxon’s 10% philosophy, where 10% of case fees are set aside to support charitable causes that help better the community or civil jury system. Adds Lobdell, “With the generous support of our sponsors, we can continue to put on a high-quality running event and raise even more money for charity.”

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Special Tragedies of Aviation Disasters

admin — Mon, 06 Jul 2009 16:45:42 +0000

Aviation disasters, whether involving private or commercial aircraft, create a special type of tragic loss that can far exceed the nature of losses resulting from accidents involving land vehicles such as cars, trucks, and buses.

An aviation disaster, whether it occurs in a commercial or a privately-owned aircraft, can be especially devastating because it is more likely to affect multiple parties. When an accident occurs in flight, or upon take-off or landing, the consequences can be easily exacerbated due to extreme rates of speed, by additional dangers associated with being in motion at high altitudes far above the ground, or by the numerous factors inherent to flying an aircraft that place human beings in untenable situations which are not life-sustaining. For instance, while leaping from an automobile traveling at a slow rate of speed may allow for a passenger to escape from a car relatively unscathed; the act of leaping out an airplane’s window, if it’s “cruising” along at 600 miles per hour at 34,000 feet, is bound to be a suicidal act. In such a case, the leaping passenger may actually be dead prior to impacting the ground more than six miles below. In addition, a large airliner or “airbus,” packed with airborne passengers enroute to their destinations, is not likely to have many survivors if it collides with another aircraft in mid-air. In fact, in such a special tragedy, multiple parties may be severely injured or more probably killed simultaneously. Other causes besides collision with a second aircraft may also be involved, resulting in a similar fate for many passengers.

Aviation-related injuries and death may be triggered by encounters with unforeseen weather systems or conditions, mechanical failure, shortage of fuel, defective navigational tools, or human errors related to the proper operation of such tools: insufficient airframe and engine maintenance, excessive age and consequent diminished reliability of aircraft components, crew fatigue or negligence, and more recently, the increasing risk of injury or death caused by a terrorist act.

When considering air travel, many factors must be considered. While no precaution taken by a passenger can guarantee a risk-free flight either domestically or internationally, airlines and private operators are obligated to not assume undue risk when enroute to a destination. If risks deemed improper are taken and the consequence is an aviation disaster, liability may well become applicable to certain parties. In the case of a terrorist act, criminality may well be assigned as well.

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Wrongful Death Suit involving Coal Carrier Colliding with Vessel

admin — Mon, 06 Jul 2009 16:43:47 +0000

A failure to follow proper safety measures at sea resulted in a wrongful death settlement.

A 29-year-old woman was working as a cook aboard a sailing vessel, the Essence. Early one morning, the Barkald, a bulk coal carrier with an estimated weight of nearly 49,500 deadweight tons, collided with the Essence. In the aftermath of the collision, the Essence became hung up broadside on the Barkald’s bow. Crew members aboard the Essence were able to safely evacuate from the vessel to the water, but when the Essence broke free from the Barkald’s bow and started to sink, the cook, an individual named Bortolott, was pulled underwater and drowned. She is survived by her parents.

Ms. Bortolotti had earned about $42,000 annually, and her estate claimed between $1.35 million and $1.99 million in lost earnings.

Bortolotti’s parents, individually and on behalf of her estate, sued the shipping company that operated the Barkald, the pilot, the pilot’s association, and the Essence’s owner and pilot. Plaintiffs alleged the Barkald’s crew failed to follow the proper safety measures appropriate to the circumstances. Plaintiffs claimed that a light was out portside on the coal carrier, limiting visibility as it navigated past the Essence. Plaintiff’s also alleged that the vessel’s master failed to obey the captain’s order to post a lookout at the bow because of the vessel’s size and crane obstructions on deck. Because no one was stationed at the bow, plaintiffs argued, no one was able to foresee the inevitable collision. Finally, it was alleged that the Essence failed to follow established rules associated with international navigation.

Defendants argued that their liability was restricted by the pecuniary loss rule under the Jones Act, under which there would be no loss because Bortolotti was without dependents.

Plaintiffs and defendants settled before trial for $5 million. The shipping company’s insurer paid $3 million, and the Essence’s insurer contributed the remainder. An intriguing aspect of this case is that it resembled a responsibility scenario often applicable to vehicle mishaps on land, in cases where a measure of blame is shared between defendants.

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Stratton Faxon Specializes in Catastrophic Personal Injury

admin — Wed, 27 May 2009 17:34:09 +0000

Trial law firm based in New Haven Connecticut seeks justice for individuals and families who have suffered life-altering personal injury and loss.

Personal injury is an area of trial law that receives a tremendous amount of attention when huge settlements are awarded. But winning such cases is seldom a “slam dunk.”

The specifics of catastrophic personal injury cases can be daunting. Says Joel Faxon, “Personal injury is an area of law. It’s designed to protect those harmed by the negligence, recklessness, or malpractice of others. Personal injury encompasses a full range of legal claims – wrongful death, auto accidents, birth trauma related to defective drugs or product liability, or even aviation disasters. The crucial element in such cases is that the loss suffered by the victim is irretrievable. What they’ve lost can never be regained.”

It may sometimes seem like small consolation, but a trial law firm such as Stratton Faxon helps victims of catastrophic loss, including their families, recover financial compensation for medical costs, loss of income, pain and suffering, emotional distress, and other injuries which were incurred during the catastrophic trauma. Adds Faxon, “We’ll work extremely hard to prove the adverse party in your case truly bears legal responsibility for your injury and that the damages claimed reflect the full extent of the injury or loss.”

All personal injury claims are subject to a statute of limitations, although the time limits involved may vary based on your claim. It’s important to note, however, that personal injury is a broad, evolving area of law. Says Faxon, “Your individual claim’s specific circumstances determine a great deal about what kind of a case you have. If you think that you might have such a claim, you should contact our office as soon as possible.”

Stratton Faxon frequently handles personal injury cases that fall under the following su-categories: sexual abuse, slip and fall, toxic mold, car and truck accidents, wrongful death, construction accidents, injuries suffered at work, medical malpractice, motorcycle accidents, nursing home abuse, premise liability, product recall, playground accidents, birth injury, and aviation disasters. But some accidental injury, especially among children, is preventable. Websites focused on child safety include those of the National Safety Council, Safe Kids Worldwide, Children’s Safety Zone, and the Children’s Safety Network.

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Stratton Faxon Honored with Equal Access to Justice Award

admin — Wed, 27 May 2009 17:32:59 +0000

On May 7, 2009, partners Michael Stratton and Joel Faxon along with their Connecticut firm were honored once again for their innovative Fresh Faces campaign, by New Haven’s Legal Assistance Association.

The Fresh Faces Campaign is like a perennial blooming in spring, its blossoms not always readily apparent, but being experienced year after year. Public service legal aid agencies are like that, and so is the Fresh Faces Campaign that has been “there” for such agencies in recent years. But sometimes, it’s good just to stop and smell the flowers.

That’s why something special can be said to have happened at New Haven’s Café Bottega on the evening of May 7, 2009. Right across the street from the city’s New Haven Green, downtown, it was the annual reception of the not-for-profit Legal Assistance Association (LAA), Inc., and where the Equal Access to Justice Award was presented to Michael Stratton and Joel Faxon for their outstanding work for legal aid.

The LAA is one of several fine legal aid agencies that benefit from Fresh Faces. The LAA provides high-quality legal aid services to individuals, families, and groups in the greater New Haven area, including the lower Naugatuck Valley, who can’t get legal services because of limited income, age, disability, discrimination, and other barriers. In fact, the pithy phrase, “Equal Access to Justice,” is one of the LAA’s touted goals. Other stated LAA objectives “to achieve long-lasting improvement in the rights and living conditions of our client community” and “to foster our clients’ ability to protect their own rights,” also ring true. LAA proudly provides a full range of legal services to their worthy clients.

To assist such an agency with their Fresh Faces Campaign is simply Stratton Faxon’s distinct pleasure. Knowing that the dollars raised by the innovative program is going to such worthy causes is a reward in itself. “The LAA is doing wonderful work, tremendous things,” says Joel Stratton, “Doing Fresh Faces is a privilege for us, allowing our firm to give a little bit back to the community we serve.”

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Motorcyclists Often at a Disadvantage When Bringing Lawsuits

admin — Wed, 27 May 2009 17:31:02 +0000

Victims of motorcycle accidents can be re-victimized when they bring a lawsuit.

A motorcyclist is often given less respect than operators of cars or trucks. The roads are dangerous places, and the lack of protection (even with helmeted motorcyclists) can more easily lead to catastrophic injuries. But what kind of obstacles do motorcyclists face in the courtroom if they’re attempting to recover damages? The disadvantages are plentiful and not always obvious.

The motorcycle operator’s choice of attorney can be crucial. While almost any lawyer specializing in catastrophic personal injury cases can handle a motorcycle accident case, most will simply treat accidents involving motorcycles like a car accident. As anyone who rides a motorcycle knows, the two kinds of vehicles don’t just look differently, they are very different. From a legal standpoint, this is certainly true, as motorcycle law is its own unique genre within personal injury law.

In fact, most lawyers dealing with vehicle accidents fail to understand the difference between a motorcycle accident and a car accident. A motorcycle moves differently when it’s hit. It doesn’t slide like a car, or leave the same type of tire friction marks. Motorcycle skid marks don’t tell the same story that a car’s skid marks will tell. Although it isn’t necessary for a lawyer to be a so-called “motorcycle lawyer” to represent a motorcyclist who has been victimized, they should be well-versed in the distinctions between cars and motorcycles post-impact.

There’s also a stigma to being a “biker” in most courtrooms that has to be overcome or at least compensated for by a skilled attorney. Juries or even judges should be alerted to the presence of this inherent stigma. “Bikers” are perceived as risk takers, with the “Hell’s Angel” stereotype dangling about their persona in the manner of a living tarantula. What attracts bikers to the recreational activity tends to repel the majority of the population.

What bikers can do to help themselves is to counter negative stereotypes. If an attorney points out that a biker was attired in full safety gear when the accident occurred, it can help. If a biker was wearing an unapproved helmet or no helmet at all, or dressed in t-shirt and a pair of shorts and so was badly cut up, jurors tend to be less sympathetic. But an attorney representing the motorcyclist must first be aware of such nuances if his representation is to be well-regarded in the courtroom.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon.

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Toxic Mold Lawsuit Produces $125,000 Verdict

admin — Wed, 27 May 2009 17:29:48 +0000

A moldy matter proves toxic to a North Carolina real estate firm.

It happened in Berkeley County, North Carolina, in August of 2008. Prudential Carolina Real Estate was held liable because one of the firm’s agents didn’t disclose that certain properties she represented had toxic mold issues. The verdict wasn’t huge, just $50,000 in actual damages and an additional $75,000 tacked on to the liability for punitive damages. But the residential property that the agent was selling did indeed have mold.

The negligence on the part of the Prudential agent involved mold reports which were never provided to a couple who were buyers. Although the verdict went against the real estate agent, the original lawsuit had asked for $1.5 million in damages.

The property in question was a single storefront (a house and store) valued at $110,000. Although it became a bike shop, the premises were discovered to harbor black mold. The issue became whether the property had been purchased “as is” with the Prudential saleswoman asserting that the mold’s presence had already been known by the plaintiffs, or whether the black mold had never been disclosed. One plaintiff remarked, “She knew about the mold problem and didn’t tell us.”

Because of the proliferating mold, the plaintiffs were forced to abandon the storefront. Afterwards, they were still under contract to pay the property’s mortgage.

Complicating the first case immeasurably had been the fact that the plaintiffs had been told originally about the toxic black mold by a previous occupant of the storefront, so in essence, they had known about the mold, and still purchased the property at a reduced rate. The verdict was a form of litigated compromise perhaps reflective of murky North Carolina statutes regarding mold more than anything else.

A second Berkeley County house had also been found pregnant with mold a month earlier, in July 2008. In that instance, an entire family was victimized including a 3-year-old child. It had been alleged in that case that a negligent builder was to blame for causing the family to sicken with respiratory symptoms of an alarming nature, their health compromised. That mold intrusion had been caused by substandard construction leading to water infiltration. Yet in that case, a judge had ruled in favor of the builder, determining that the water might have pooled and been present in the house even if the construction had been “up to code.”

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon.

The post Toxic Mold Lawsuit Produces $125,000 Verdict first appeared on SEONewsWire.net.

Multiple Sclerosis Sufferer Becomes Double Amputee Due to Nursing Home Chain’s Negligence

admin — Tue, 28 Apr 2009 16:55:07 +0000

In a horrific story, Willemenia Walden, a mother of two daughters, lost both of her legs above the knee due to the negligence of Haven Healthcare, a West Haven-based nursing home’s negligence. Stratton Faxon, Connecticut’s firm for trial law, is assisting Walden in her fight for justice.

In her early thirties, Willemenia Walden, a formerly active mother of two teenaged daughters, was diagnosed with multiple sclerosis. The disease took its inexorable and tragic course. By the time she was 35; Walden could no longer speak or get out of bed. If only her story had ended there, it would have been bad enough. But two years ago, when Walden was only 38, both of her legs had to be amputated above the knee after she had developed necrotic bedsores while living at Haven Health Center of Soundview in West Haven. It is alleged in a lawsuit filed on behalf of Walden by her attorney, Michael Stratton of Stratton Faxon, Connecticut’s Firm for Trial Law, that Haven Healthcare’s former Chief Executive Officer, Raymond Termini, may well have facilitated Walden’s neglect and abuse which caused her necrotic bedsores which necessitated the amputations to save her life. Stratton asserts that ‘Termini’s greed’ is to blame for his client’s severe bed sores and amputations. “We need to take greed out of the system,” he said, “This is a great example of greed causing a lot of pain and suffering.”

The Haven Healthcare nursing home chain came under scrutiny from state Attorney General Richard Blumenthal several years ago after allegations of poor patient care and financial problems. The company filed for bankruptcy in late 2007, reemerging with a plan that sold most of the nursing homes to different operators while placing some of the homes into state receivership.

Termini resigned as CEO after it was alleged that he used company assets to purchase a Nashville music recording studio and a lake house.

According to Walden’s sister and former caretaker Darlene Wilbon, Walden was admitted to Haven Healthcare’s West Haven facility in early 2007 because she required round-the-clock care that Wilbon could no longer provide.

“My sister cannot speak. Now, I am her mouthpiece,” Wilbon said by phone in mid-March from Georgia, where she recently relocated.

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Former Major League Baseball Umpire Mark Hirschbeck Fights for Justice

admin — Tue, 28 Apr 2009 16:53:36 +0000

Stratton Faxon, Connecticut’s Firm for trial law, helps ex-big league umpire get a fair shake. But the battle is uphill all the way.

When he was officiating the 1998 and 2001 World Series, and during high profile playoff games in both Major Leagues, umpire Mark Hirschbeck was living his dream. The 2001 Fall Classic was the pinnacle of his 15-year-Major League Baseball career. But soon thereafter, his baseball career was sadly in ruins, and even his formerly active lifestyle was gravely compromised. The worst part is it didn’t have to be.

“Mark is just one example of the thousands of patients that have been injured but have limited recourse for justice,” said Joel Faxon, Mark’s attorney with Stratton Faxon, Connecticut’s firm for trial law. Adds Faxon, “It’s ironic that the FDA, the very agency that is supposed to protect consumers from hazardous products like prescription drugs, medical devices, and peanut butter, might have hurt Mark because they approved his faulty hip device.”

Mark’s ordeal began in June 2003, when he underwent a hip replacement surgery after being reassured by doctors that he would be able to return to umpiring in the Major Leagues by the 2004 season. Six weeks later Mark began experiencing ongoing pain in his right hip. Further examination revealed, through no fault of his own, that the ceramic hip that had been implanted had fractured. Mark’s physician testified in a deposition hearing related to the case that the hip should have lasted fifteen years.

The problematic hip was a Class III medical device; the class which supposedly had undergone the most stringent pre-market approval process at the Food and Drug Administration (FDA). It got worse. Because of complications from an infection suffered while a procedure was undergone to replace the defective hip, Mark was forced to undergo five additional surgeries.

“I was only 43 when this happened to me. I was looking forward to many more World Series and MLB games in my career and a lot of family activities with my three daughters and son,” said Mark, “Now I have trouble even getting down to the ballpark to watch them play.”

Mark has been attempting to help others in similar circumstances by meeting with legislators to discuss the Medical Device Safety Act, a piece of legislation that Joel Faxon also stridently supports because it would restore the rights of thousands of victims of defective medical devices , like heart defibrillators, artificial valves, and prosthetic knees and hips, to seek justice through the civil justice system.

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Mother Afflicted with MS Loses Legs Due to Nursing Home Neglect

admin — Tue, 28 Apr 2009 16:52:35 +0000

Willemenia Walden has both legs amputated above the knee because of bed sores caused by nursing home neglect.

The symptoms of multiple sclerosis are insidious and invariably tragic. In this progressive condition characterized by the victim’s own immune system attacking their central nervous system, scleroses or scars develop in the white matter of the victim’s brain and spinal cord, affecting the ability of crucial nerve cells in the brain and spinal cord to communicate with each other. The effects of the disease upon Willemenia Walden were heartbreaking for family and friends to watch, a progressive deterioration that eventually left her at 35 unable to speak or even to move effectively on her own. In early 2007, Walden, a mother of two active and healthy teenaged daughters, was admitted to Haven Healthcare’s West Haven Connecticut facility in early 2007 because she required round-the-clock care that her family could no longer provide.

Unable to speak or express herself, the bedridden MS sufferer was basically “left to rot” in the facility, according to her sister, Darlene Wilbon, who had been Willemenia Walden’s primary caretaker. Severely neglected, Walden developed severe bed sores that were allowed to become necrotic. Although the pain must have been horrific, Willemenia was unable to complain. After several visits to Willemenia’s unsafe “Haven,” Wilbon noticed a strange smell emanating from her sister. The odor turned out to be from deep necrotic ulcers, several of them genuinely gangrenous, which had developed on Walden’s feet, ankles, and legs, and been allowed to go untreated.

The Haven Healthcare nursing home chain came under scrutiny from Connecticut Attorney General Richard Blumenthal several years ago after allegations of poor patient care and financial problems had surfaced. The company filed for bankruptcy in late 2007, and reemerged with a plan that sold most of the nursing homes to different operators and placed some of the homes in state receivership. The nursing home chain’s former CEO, Raymond Termini, resigned after it was alleged that he used company assets to purchase a Nashville music recording studio and an expansive lake house.

Lawyers representing Willemenia Walden forthrightly blamed “Termini’s greed” for their client’s severe bed sores and amputations.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon.

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Mark Hirschbeck’s Fight for Justice Could Impact Thousands

admin — Tue, 28 Apr 2009 16:51:05 +0000

He’s turned into a crusader after his MLB umpiring career and his quality of life took a hit from a defective medical device approved by the FDA.

On Tuesday, March 31st 2009, former Major League umpire Mark Hirschbeck joined others harmed by dangerous medical devices and their families in Washington, D.C. to meet with members of Congress about the Medical Device Safety Act, legislation that would restore to thousands of Americans the right to seek justice through the civil justice system. Thousands of unfortunate Americans have suffered or even died because of defective medical devices like heart defibrillators, artificial valves, and defective knees and hips.

It’s an uphill battle. In 2008, the Bush Conservative-stacked U.S. Supreme Court ruled in the infamous Riegel v. Medtronic decision that manufacturers of Class III medical devices that have been approved by the FDA’s equally controversial pre-market approval process, are essentially immune from liability. Not taken into account by the court was the deplorable condition of the FDA as an agency during the final year of the Bush-Cheney tenure, and how such agency approvals were too often destined to succeed without having to present compelling evidence of devices actually being safe, or subjecting such evidence to any genuinely independent scrutiny.

The Riegel decision is the subject of the Medical Device Safety Act that would reify an injured patient’s right to sue in the courts when medical devices have failed, or even been recalled. In his majority decision, Justice Antonin Scalia wrote that permitting state juries to impose liability on the maker of an approved device “disrupts the federal scheme” under which the FDA has the responsibility for evaluating the risks and benefits of a new device.

Mark Hirschbeck is a patriotic American not usually associated with “disrupting federal schemes.” But since 2002, his MLB umpiring career and his quality of life have been disrupted drastically by six surgeries on his right hip – one arthroscopic and five hip replacement procedures. Most of his pain and suffering was triggered by a defective ceramic-lined implant. The ceramic liner simply cracked. What was supposed to last fifteen years lasted just six weeks. A proud man who used to umpire at the highest professional level now has trouble getting down to the ballpark to watch his daughters and son play. No wonder he’s become a crusader.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon.

The post Mark Hirschbeck’s Fight for Justice Could Impact Thousands first appeared on SEONewsWire.net.

Stratton Faxon’s Fresh Faces Campaign Nears $300,000 for Legal Aid

admin — Wed, 01 Apr 2009 14:28:06 +0000

Stratton Faxon, Connecticut’s firm for trial law, has continued to raise precious dollars for three of the state’s legal services agencies.

Fresh Faces has eclipsed the $200,000 mark. The $250,000 plateau has been left in the rear-view. In fact, Stratton Faxon Law Firm is thrilled to announce that thanks to their generous donors, the $300,000 level in donations to their innovative Fresh Faces campaign is imminent.

Their secret for raising these sums in tough economic times can be traced to a simple formula: It’s in the matching. Stratton Faxon is pleased to match any gift, up to $1,000, from any person who has either never gifted to legal aid, or who is increasing a previous gift. The beneficiaries are thrilled too. New Haven Legal Assistance (NHLA), Connecticut Legal Services (CLS), and Greater Hartford Legal Aid (GHLA) would be hard-pressed to continue their magnanimous services in these uncertain times without such an assist. Fresh Faces is bringing out new community donors as well as restoring to the contributory ranks for honor roll of generous attorneys, firms, and corporations who had for various reasons had not gifted Connecticut’s extraordinary legal aid agencies in recent years.

That our non-profits are hard-pressed in these troubled times may be an understatement. In many instances, the lifeblood of these agencies, private donations, has dried up, shriveled on the vine, turned into a husk of past giving. Another formerly reliable source of income for the not-for-profits, state funding, has also experienced drastic changes in public spending necessitated by economic shortfalls. Without funding, local legal aid agencies can’t provide their clients, individuals and families, with essential legal representation that they would otherwise be unable to afford. Marcy Kossar, NHLA’s Director of Development, appreciates Stratton Faxon’s creative fundraising. “New Haven Legal Assistance has received so many donations that are the direct result of the Fresh Faces Campaign,” she asserts, “including three-year pledges.” She praises the law firm’s partners. “Mike Stratton believes that most of us, attorneys and non-attorneys alike, share the desire to help those less fortunate. That’s why he and Joel Faxon initiated Fresh Faces – to provide everybody with an opportunity to realize their goal.”

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Eric Smith Is Stratton Faxon’s Newest Partner

admin — Wed, 01 Apr 2009 14:26:35 +0000

Stratton Faxon, Connecticut’s firm for trial law, has added an experienced civil litigator as their newest partner.

He’s tried the gamut – dozens of complex cases involving medical and professional malpractice, wrongful death, personal injury, birth trauma, and aviation litigation.

Less than twenty-four months after becoming a member of the Bar, he worked solo and won his first medical malpractice case. He followed that up, working as lead counsel, with successive and successful trial outcomes in disparate but related arenas of legal expertise, including pre-natal mismanagement, labor and delivery mismanagement, neonatal mismanagement, delayed diagnosis and treatment of cancer, emergency care errors, and surgical/anesthesia errors – with each of these cases resulting in a recovery exceeding $1,000,000.

As one of two lead attorneys, Eric Smith won a $3.5 million settlement in a motor vehicle case against the driver of an automobile charged with crossing a highway’s double yellow line. The driver’s negligence had caused a collision which resulted in the death of the driver in an oncoming vehicle. In the same role, he won a $3.25 million settlement in a railroad electrical accident where a commuter railroad company was negligent.

As one of two trial attorneys, Eric Smith won a $1.3 million jury verdict against a hospital radiologist who had failed to properly diagnose a young boy’s clogged shunt, resulting in the child’s tragic death. In a similar case against a hospital radiologist who failed to convey critical findings, resulting in delay in diagnosis and treatment of an aggressive cancer, he won a $2.0 million jury verdict.

As a solo attorney, he has successfully litigated cases involving a tanker explosion, a malpractice action against a gynecologist who misread a PAP study, a defective bicycle, a high-risk pregnancy, and the demise of a newborn afflicted with an undiagnosed neonatal sepsis.

A member of the American Association for Justice, and the Connecticut and New Haven Bar Associations, as well as the Connecticut Trial Lawyers Association, he has also been an adjunct professor for over a decade.

From the Quinnipiac University of School of Law where he earned his J.D., and his partnership in a large New Haven Law Firm before joining the stellar litigation team at Stratton Faxon, Eric Smith is Connecticut’s firm for trial law’s newest partner.

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Congressional Democrats Move Might Make It Easier to Sue Medical Device Manufacturers

admin — Wed, 01 Apr 2009 14:24:36 +0000

Now that the U.S. Supreme Court has ruled that patients can sue pharmaceutical companies in state courts, the ability to sue makers of medical-devices might not be far behind.

Congressional Democrats have proposed making it easier to sue manufacturers of medical devices. Democratic lawmakers in the House and Senate have introduced legislation that would allow product liability suits in state courts by patients who claim to have been harmed by certain defective medical devices, such as heart valves and artificial knees.

The Medical Device Safety Act of 2009 would overturn the Court’s 2008 ruling in Riegel v. Medtronic, which dismissed a lawsuit over a ruptured catheter. That ruling brought whoops of joy from medical device firms, who had long lobbied for a position that federal law blocked, or preempted, such suits. But the Supreme Court changed the landscape yesterday in Wyeth v. Levine when it upheld a $6.7 million state jury verdict won by a musician from Vermont whose arm was amputated after being injected with an anti-nausea drug.

The question now is whether the proposed legislation has enough votes to pass, especially in the Senate where Minnesota Senator-elect Al Franken has yet to be seated.

No doubt it will be a difficult measure to muster enough votes for either in the House or Senate. Mark Hermann, a Jones Day lawyer who represents pharmaceutical and medical device companies, as well as a drug and device law blogger, noted that the federal law for medical devices contains a provision which specifically addresses the pre-empting of state laws and requirements, while the federal law pertaining to pharmaceuticals does not.

“If enacted, this legislation would effectively allow state courts to review medical devices and ultimately lead to a patchwork of inconsistent and confusing guidance on the use of medical treatments for patients and physicians, or limit their availability altogether,” wrote AdvaMed, in a news release.

Until a resolution ensues, plaintiff’s lawyers expect companies will continue seeking to dismiss liability lawsuits filed in state courts citing the Supreme Court’s 2008 decision. In January 2009, a federal judge in Minneapolis threw out lawsuits filed on behalf of thousands of patients who received heart defibrillators with wires capable of fracturing and producing lethal shocks.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon.

The post Congressional Democrats Move Might Make It Easier to Sue Medical Device Manufacturers first appeared on SEONewsWire.net.

The Gremlin of ERISA Liens

admin — Wed, 01 Apr 2009 14:22:29 +0000

ERISA liens are a big part of the reason why many settlements end up disappointing so many.

Once upon a time, if a lawyer emerged victorious in a settlement, a client could be told exactly what the victory would net him/her after fees, costs, and liens. A clear distinction existed between those liens that had to be paid back and those that didn’t. Some government liens were statutorily required to be paid back, while all other private liens were prohibited. Enter ERISA.

If ERISA were human, she’d be an ex-girlfriend of death. In fact, the Employee Retirement Income Security Act and the cases interpreting it introduce a dust storm of arcane legal doctrine and ambiguity to the question of what liens must be paid back. Legal questions dot the fur like fleas on your pet. Which health plans and disability plans are promulgated pursuant to ERISA? Which of those ERISA plans are self-funded and thus entitled to federal preemption of state anti-subrogation statutes? Does the request for reimbursement meet the requirements of equitable restitution or is it merely a claim for money damages? What is the lawyer’s obligation under rules of ethics?

Franklin D. Roosevelt once said, “You have nothing to fear but fear itself.” In fact, ERISA collection agents utilize fear to claim an entitlement to a client’s settlement money.

The reality is quite different. The universe of liens that preempt state anti-subrogation statutes is tiny. The plan must be promulgated under ERISA, and must fully self-fund all medical expenses incurred by its plan participants. If the plan is operated by a commercial insurer some portions of state law are still applicable – thus anti-subrogation statutes can apply even if self-funded.

Only the expenses actually paid by the plan compel preemption of anti-subrogation law in many states. Lawyers should ask questions when ERISA comes calling. Is the plan really ERISA? Is it self-funded? How much is it self-funded? Is the government paying? What do the agreement and the contracts say about third-party recoveries?

Lawyers can do better for their settlement clients. In most cases, a time of celebration shouldn’t have to culminate as the Grim Reaper’s Ball.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon.

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Stratton Faxon Supports Bill Making It Easier to Sue Insurers for Unfair Claim Practices

admin — Tue, 24 Feb 2009 18:06:42 +0000

Stratton Faxon, Connecticut’s firm for trial law, wishes to even the playing field for consumers – at last.

Connecticut trial lawyers are lobbying for legislation that would streamline the efforts of consumers in the state, seeking redress from insurers for unfair claims practices.

The insurance industry is not pleased.

The bill, advocated by the Connecticut Trial Lawyers Association and Attorney General Richard Blumenthal, would allow accident victims to sue a wrongdoer’s insurance company under the Connecticut Unfair Insurance Practices Act (CUIPA).

At present, this isn’t possible as only the insurance commissioner and the attorney general can bring an action under the law. The bill would also remove a phrase from the law that defines a violation as something an insurer does wrong “with such frequency as to indicate a general business practice.” The phrase makes it almost impossible for a consumer to show such a pattern, according to the Lawyer’s Association.

Changing the law would encourage insurers to resolve claims more fairly and quickly instead of forcing individuals to sue, clogging the court system, and costing taxpayers more money, advocating attorneys allege.

Insurance trade groups perceive the bill, SB 763, as a boon to litigation, and as a solution that would force insurers to settle unsubstantiated claims and drive up premiums.

“Bad, bad, bad, bill, it ought to die,” asserted Susan Giacalone, counsel at the Insurance Association of Connecticut. “It would turn the CUIPA statute on its head to the detriment of consumers. It opens the floodgates to litigation,” she added.

Joel T. Faxon, a lawyer with Stratton Faxon in New Haven, vehemently disagreed. “No no no,” he responded, “this bill would even the playing field for consumers, a development that’s been long overdue.”

Robert I. Reardon, president of the Reardon Law Firm in New London, supported the contention of his colleague. Consumers “are tired of big business treating them poorly. People want to be able to assert their rights,” he stated emphatically.

Giacalone noted that a successful CUIPA case could be used to allege a violation of another law, the Connecticut Unfair Trade Practices Act, which makes it possible to collect double or triple damages for a CUIPA violation.

“Current law favors the industry,” Blumenthal countered, “It’s a testament to the political sway of the insurance industry. There’s no rational or policy reason for it.”

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer, visit Strattonfaxon.com.

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Child Molestation Lawsuits Brought by Stratton Faxon

admin — Tue, 24 Feb 2009 18:01:50 +0000

Stratton Faxon, Connecticut’s Firm for Trial Law, has recently settled a lawsuit against a one-time priest and filed suit against a former priest for molesting teenaged boys.

It happened at St. Augustine Roman Catholic Church in North Branford. Daniel McSheffrey, a priest in that parish, began orally and anally raping a teenaged boy. So long ago, in 1986, the events began, but 22 years later, in November 2008, Stratton Faxon, Connecticut’s Firm for Trial Law, obtained a $785,000 settlement on behalf of the once-young victim. Justice delayed, but not denied.

It was not a one-time encounter for the boy with the predator priest. The abuse is alleged to have occurred for several years. “It was a sad series of events,” said the plaintiff’s New Haven lawyer, Joel T. Faxon, “very regrettable.” McSheffrey had been the subject of numerous lawsuits against the archdiocese during the past several years. A previous settlement obtained by Stratton Faxon against McSheffrey, who lives in Florida and no longer functions as a priest, was settled for $1.6 million.

In a different lawsuit brought by Stratton Faxon, the defendant is John Castaldo, defrocked former pastor at St. Theresa’s Church in the Bridgeport Diocese. In some respects, this series of crimes seems especially horrific. As stated in the complaint, and alleged by the plaintiff’s attorney, Joel T. Faxon, David Doe was sexually molested by the priest, who repeatedly forced him to perform oral sex, and also, under extreme threat and intimidation, attacked Doe for purposes of his own deviant sexual gratification. In connection with these episodes, Castaldo would assault and physically injure the young minor. As a result of these events, Doe suffered severe emotional and bodily pain.

These events were exacerbated, according to the complaint, because Castaldo’s superiors in the Catholic Bridgeport Diocese knew about the priest’s “bizarre sexual proclivities” and not only did nothing about it, but proceeded to hire and promote Castaldo as “fully fit” to carry out his duties in the Catholic Church, including those involving children.

“We are appalled that the diocese, and in particular that Edward Cardinal Egan, who currently serves as archbishop, would permit continued assignment of a priest known to be a serious risk to children and a sexual deviant,” said Attorney Joel Faxon.

To learn more about Connecticut accident lawyer, Connecticut personal injury, Connecticut malpractice lawyer , visit Strattonfaxon.com.

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Should Consumers be Able to Sue Insurers for Unfair Claim Practices?

admin — Tue, 24 Feb 2009 17:56:42 +0000

Legislation has been suggested that would make it easier for some of Connecticut’s consumers to sue insurers for unfair claim practices – and potentially collect bigger damages. Will this open the floodgates to frivolous litigation?

Commercial litigation in the 21st century is fraught with peril. Made increasingly complex and high-risk by a borderless world economy, businesses can be brought before almost any court at any time; although in an increasingly corporate-friendly United States, the outcome against many accused corporations is not likely to be consumer-friendly, a few sensationalized cases notwithstanding. Since the early Reagan years, rights for individuals have often been abridged or eliminated in the arena of the U.S. court system, while safeguards for companies, especially the largest in operation, are more likely to be upheld. While class action and multi-district litigation cases are at an all-time high, only a select few are actually settled before juries.

All too often, courtroom outcomes seem stacked against the consumer. For instance, a Federal Judge dismissed all claims for damages brought by victims in the August 27, 2006, Comair (Lexington, KY) plane crash, despite evidence to the contrary; in his decision he stated the wrongful death and negligent claims, no matter if proved, were insufficient.

Courts routinely find “good faith – bad faith” legal arguments to be a yardstick designed to exonerate a company from bearing any responsibility in even the most grotesque and blatant instances; insurers typically seek to compound this injustice, if one exists, by reiterating such arguments.

In Connecticut, trial lawyers are lobbying for legislation that would make it easier for consumers rather than insurers in such cases. In that New England state, only the insurance commissioner and attorney general are able to bring an action under CUIPA – the Connecticut Unfair Insurance Practices Act. Robert I. Reardon Jr., a New London-based attorney, perceives it this way. “Consumers are tired of big business treating them poorly. People want to be able to assert their rights.”

The insurance industry is anything but eager to let that happen.

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Preserving the Right to Trial by Jury

admin — Tue, 24 Feb 2009 17:51:58 +0000

Despite the recent controversial decisions made by the Bush Administration in their designation of individuals as “unlawful enemy combatants” and not deserving of a trial by jury, the right to trial by jury has been an integral part of the American system of law and justice and should be preserved.

Our jury system has many advantages. A jury is made up of local citizens, men and women from the community, who are able to evaluate cases based on community standards. The composition of the jury is not known in advance, so that the exertion of undue influence is rendered less likely. Jurors cannot be paid by either side, so that they can be considered relatively impartial. Jurors complete their service during the trial process and subsequently return to their private lives, so that ongoing efforts to influence their decisions do not typically occur. It may be possible to find an errant adjudicator, usually a judge, but it is less likely to find twelve jurors who will come to an outrageous conclusion.

America’s Founding Fathers, those august signers and framers of the U.S. Constitution, recognized in their collective judgment that a jury of a defendant’s “peers,” while not always fair or impartial, would be more reliable at arriving at “reasonable” decisions. But in some quarters of American society, the right to a trial by jury is under siege. In addition to the controversial “wartime” extraordinary powers invested in the Bush Administration’s policies toward detainees, designating a person as an “unlawful combatant” changes the rules pertaining to jury trials, making them subject to military tribunals in place of juries. Other groups hoisting agendas advocate for the elimination of the right to trial by jury in the interests of avoiding frivolous or nugatory lawsuits. But is there a hidden agenda behind such claims? Is the issue about not trusting a panel of individual jurors to come to a clear consensus? Is wariness about frivolous lawsuits often a smokescreen for immunizing wrongdoers from the consequences of their behavior? Would the dismissal of all juries really be in the best interests of our citizens? The right to trial by jury is an integral part of the American system of law and justice and should be preserved.

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