Know The Signs Of Drowning! It’s A Silent Killer, Says NY And PA Injury Lawyer

drowning_rescue_croppedAn 8-year-old boy was recently rescued from the Chemung River, right under the Walnut Street Bridge. He was swimming with family members and friends when he vanished under water.

A family member rescued him after he was under water for about five minutes, but the boy was lucky — his family says he is recovering. He was in critical condition in a Rochester hospital for days after the near-drowning.

So how can a child (or anyone of any age) slip underwater undetected like that without people noticing?

It’s easy and it happens all the time, because people don’t know the signs of a person in distress in the water.

There is a great (but chilling) story in Slate magazine that is making the rounds online. If friends of yours with children haven’t posted a link to it on Facebook, they will soon, and if they don’t, you should.

The column, “Drowning Doesn’t Look Like Drowning,” by Mario Vittone, is a great reminder of what drowning DOES NOT look like. Remember all those arms flailing in the water in your favorite movies and TV shows? Nope. It usually doesn’t happen like that. Drowning is a silent killer, and that’s what has so many parents freaked out.

I have written about the silent killer several times: here and here. It’s timely reading again!

In the Slate article, a former lifeguard springs into action when he spots the telltale signs of a person drowning 50 feet away. He swam furiously toward a couple in the water, who were trying to tell him they were fine. Fortunately, the former lifeguard kept coming and swam 10 feet past them to rescue their 9-year-old daughter, who was drowning. Ten feet away. And they never noticed, because it was happening very quietly.

From the Slate article:

The Instinctive Drowning Response (IDR), so named by Francesco A. Pia, Ph.D., is what people do to avoid actual or perceived suffocation in the water. And it does not look like most people expect. There is very little splashing, no waving, and no yelling or calls for help of any kind. To get an idea of just how quiet and undramatic from the surface drowning can be, consider this: It is the No. 2 cause of accidental death in children, ages 15 and under (just behind vehicle accidents)—of the approximately 750 children who will drown next year, about 375 of them will do so within 25 yards of a parent or other adult. Dr. Pia describes IDR this way:

  1. “Except in rare circumstances, drowning people are physiologically unable to call out for help. The respiratory system was designed for breathing. Speech is the secondary or overlaid function. Breathing must be fulfilled before speech occurs.
  2. Drowning people’s mouths alternately sink below and reappear above the surface of the water. The mouths of drowning people are not above the surface of the water long enough for them to exhale, inhale, and call out for help. When the drowning people’s mouths are above the surface, they exhale and inhale quickly as their mouths start to sink below the surface of the water.
  3. Drowning people cannot wave for help. Nature instinctively forces them to extend their arms laterally and press down on the water’s surface. Pressing down on the surface of the water permits drowning people to leverage their bodies so they can lift their mouths out of the water to breathe.
  4. Throughout the Instinctive Drowning Response, drowning people cannot voluntarily control their arm movements. Physiologically, drowning people who are struggling on the surface of the water cannot stop drowning and perform voluntary movements such as waving for help, moving toward a rescuer, or reaching out for a piece of rescue equipment.
  5. From beginning to end of the Instinctive Drowning Response people’s bodies remain upright in the water, with no evidence of a supporting kick. Unless rescued by a trained lifeguard, these drowning people can only struggle on the surface of the water from 20 to 60 seconds before submersion occurs.”

Here are some other signs of someone in distress in the water to look for, according to the article:

  • Head low in the water, mouth at water level.
  • Head tilted back with mouth open.
  • Eyes glassy and empty, unable to focus.
  • Eyes closed.
  • Hair over forehead or eyes.
  • Not using legs—vertical.
  • Hyperventilating or gasping.
  • Trying to swim in a particular direction but not making headway.
  • Trying to roll over on the back.
  • Appear to be climbing an invisible ladder.

Never let anyone swim alone, at any age. Always be mindful of where people are in the water. Remember these parents, who had no idea their beautiful 9-year-old daughter probably would’ve died if not for the heroic efforts of a former lifeguard.

Never swim in a river, but if you do, wear a life preserver. In short, respect the water and understand it can be a silent killer.

Thanks for reading, and be careful in the water this summer!

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com

 

 


NY Politicians Toughen Penalties Instead Of Providing Assistance to Enforce Existing Laws

The state of New York has made a misguided effort to crack down on distracted drivers.

The state of New York has made a misguided effort to crack down on distracted drivers.

Our New York State government is at it again, calling for tougher penalties for laws already on the books that go largely unenforced at present.

Last week, Gov. Andrew Cuomo announced stiffer penalties for distracted drivers — those who are texting while driving or driving while talking on a cell phone without a hands-free device. Violators will receive five points on their license instead of three.The new law took effect Saturday.

large_litter_453Also last week, the state Senate approved a bill that would double fines for littering on highways and adjoining land. That legislation goes on to the Assembly for further consideration.

Anyone who drives with their eyes open knows both of those laws are largely ignored and unenforced.  It seems like at least every other driver on the road is distracted in some fashion, and our roads are virtual garbage dumps

Here’s a novel idea:  How about we enforce the laws already on the books instead of increasing penalties for laws that no one follows and no one enforces???

You know why they won’t do that???  Money.

It doesn’t cost anything to pass a law that sounds tough and makes it look like they are doing something.  In reality, though, they are accomplishing nothing.  Making littering a more heavily punished offense than drunk driving, when no one is ever charged with littering in the first place, just seems dumb to me.  The same is true of texting while driving.  Seemingly everyone does it – including some of the police who are supposed to enforce it –  but hardly anyone is ever charged with it.

If lawmakers really wanted to change people’s behavior thaey would allocate additional financial resources to our law enforcement agencies for targeted enforcement of these laws – but they won’t – because that costs money.

Here are the details on the two laws:

  • Texting: As I said earlier, starting last Saturday, violators who are talking or texting will get five points on their license, not three. Cuomo is also proposing tougher sanctions for probationary and junior drivers, who would see their licenses suspended for 60 days after the first violation. See news stories here and here.
  • Littering: If enacted, the fine for littering will increase from $350 to $700 for the first offense and from $700 to $1,400 for the second offense. Read more about the proposed law here and here.

Residents of Elmira, Corning and the Twin Tiers, what do you think of these two laws? Please comment below.

Thanks for reading, and please don’t drive while distracted or litter!

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com

 


State Route 13, One Of Our Most Dangerous Two-Lane Highways, Claims 7 More Lives In Horrific Crash

600px-NY-13.svgState Route 13, which runs about 150 miles from Horseheads in the Southern Tier to the Pulaski area in Oswego County, continues to be one of the most dangerous two-lane highways in the state.

On Wednesday night, it claimed its latest victims: seven people, including four children under 10 years old, in a crash northeast of Cortland near Truxton, about 25 miles south of Syracuse.

Police said a runaway trailer hauling wrecked cars slammed into a minivan carrying two families, according to news reports. The only survivor was one of the fathers, who was in good condition Thursday night in a Syracuse hospital.

Witnesses said a truck was hauling the trailer down the highway at about 6 p.m. Wednesday when the hitch failed and the trailer struck the minivan.

Ken Stone, first assistant fire chief of Truxton, told The Associated Press that the van’s driver saw the trailer coming and drove off the road trying to avoid it.

“They tried to miss it, but he ran out of time,” he said. “All of a sudden, a trailer is coming at you and there’s no truck on it.

“Tore it right apart,” he said. “It was humbling, especially young kids. It tears you up.”

Killed were 26-year-old Teresa Bush and her two daughters, 4-year-old Alexis and Jasmine, 5; 21-year-old Lena Beckwith; Carino Vanorden, 24; Alyssa Mead, 7; and Tyler Mead, 4.

Shawn Mead, the father of the two Mead children, was transported to Upstate University Hospital, where he was in good condition, police said. Both families are from the Truxton area.

See WETM’s report here.

Route 13 from Horseheads to Cortland is the most heavily traveled stretch of the highway, especially for residents from the Twin Tiers.

There have been many recent accidents on Route 13 in the news, among them three during April:

  • A Pine City man, Edward B. Farmer, 50, was killed in a two-vehicle crash in the Town of Cayuta.
  • A Dryden man was killed in a one-vehicle crash in the town of Veteran.
  • A motorcyclist struck a tractor-trailer near Alpine Junction in Schuyler County, but police didn’t release details of the collision.

State Route 13 is a winding, well-traveled two-lane highway with plenty of blind curves and other hazards. I strongly recommend all motorists be vigilant and un-distracted — no cell phones or loud music or texting — while driving on the road. You need to be ready to react in an instant if something unexpected happens.

I travel Route 13 to Ithaca, Dryden and Cortland regularly myself.  I know how easy it is to become complacent on a road you know well.  Route 13 is an easy road to drive too fast on.  I highly recommend that you watch your speed, watch out for oncoming traffic, and expect the unexpected.  I promise to do the same

Thanks for reading, and please stay vigilant!

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com

 

 

 

 

 

 

 


Ziff Law’s Christina Sonsire Wins $2.1 Million Medical Malpractice Award For 7-Year-Old Girl

Attorney Christina Sonsire of the Ziff Law Firm has won a major medical malpractice verdict in an Otsego County court for a 7-year-old girl who suffered a birth injury.

Christina Sonsire.

Christina Sonsire.

The girl and her parents were awarded $2.1 million by a jury Tuesday evening at the conclusion of a three-week trial. Christina was the trial attorney representing the family.

The jury of three men and three women determined the settlement in the Supreme Court of Otsego County in Cooperstown. Justice Donald Cerio presided over the case.

Attorney John Pollock of Binghamton represented the defendants, Mary Imogene Bassett Hospital in Cooperstown, Bassett Healthcare and certified nurse midwife Patricia Brown.

Here is Christina’s report on the trial:

The jury found that the midwives at the hospital did not provide appropriate prenatal care for the girl’s mother and midwife Patricia Brown caused the injury by pulling too hard on the baby’s head during delivery. As a result, the child has suffered a permanent injury to the nerves in her neck and has limited mobility in her left arm.

The case has national significance because the verdict involves an injury called Erb’s palsy, in which a newborn suffers paralysis in an arm during an abnormal or difficult childbirth or labor.

Attorneys across the country were paying attention to this trial because the defendants claimed this injury happened before the girl was born. The case will have significance in all future litigation of this type of case.

Renowned Long Island attorney Joseph Lichtenstein, of Mineola, N.Y., who was hired to represent the family and brought Christina in to try the case, praised Christina’s work in the courtroom.

“Ms. Sonsire brings a unique combination of talent, intelligence and drive to her work as a trial lawyer, as well as an acute sensitivity to issues involving women and birth trauma,” Lichtenstein said. “She was able to present this highly complex case in a way the jury could fully understand. She is truly remarkable.”

Christina worked day and night for more than a month to earn this incredible verdict. It goes to show you that when you combine hard work, intelligence and fearlessness, great things can happen. We are so happy for this little girl, who deserves compensation for the injuries inflicted upon her by medical personnel. She was lucky to have Christina as her attorney.

Thanks for reading!

Jim

_________________________________
James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 

 


E. Coli Outbreak From Contaminated Snack Foods Threatens Children In Twin Tiers, Says NY And PA Injury Lawyer

03-29-13-farm-rich-recall-graphicRich Products Corp. of Buffalo has made a voluntary recall of its Farm Rich Mini Quesadillas and other Farm Rich products because of possible E. coli contamination, according to news reports.

Some of the children and teenagers who have been hospitalized because of the contaminated food are in New York State and Pennsylvania. 

The recall of the popular snack foods, targeted at children, also includes:

  • Farm Rich Mini Pizza Slices.
  • Farm Rich Philly Cheese Steaks.
  • Farm Rich Mozzarella Bites.
  • Market Day Mozzarella Bites.

Contamination in our foods is something that we have to write about all too often. When companies that prepare and package food fail to follow their safety protocols, those foods can be contaminated with E. coli, salmonella, listeria, and many other food-borne illnesses.

The Ziff Law Firm has successfully handled contaminated food cases in the past, including the Maple Lawn Dairy hepatitis cases. In fall 2004, an employee of the family restaurant in the town of Ashland was diagnosed with hepatitis A. He worked while infectious and exposed hundreds of customers who ate there during a two-week span to the deadly disease. Four people were confirmed to have contracted hepatiitis A and one person, an Elmira man, died as a result of the illness.

In the Farm Rich products recall, the company told The Associated Press it’s working with investigators from the U.S. Department of Agriculture to identify the possible contamination source.

Symptoms of E. coli infection can include diarrhea, abdominal cramps, nausea and vomiting.

One news report says eight people, mostly children and teenagers, have been hospitalized after eating the food, which was produced last November.

In addition to New York and Pennsylvania, the Centers for Disease Control and Prevention also reported illnesses in Alabama, Arkansas, Illinois, Indiana, Michigan, Mississippi, Ohio, South Dakota, Texas, Utah, Virginia, Washington and Wisconsin.

Consumers with questions about the recall can call 1-888-220-5955.

Thank you for reading.

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com

 


Parents Need to Protect Their Child’s Rights In Wake Of Reported School Bus Monitor’s Violent Attack On Child

school-bus-topA school bus monitor in the Bath school district in Steuben County has been placed on unpaid leave after being accused of choking a 7-year-old child on her bus, according to news reports in The Leader newspaper and on WETM-TV.

What reportedly occurred here appears to be horrendous, but the parents must act quickly to preserve their child’s legal rights. Cases against municipalities and school districts are treated much differently than ordinary injury cases – a Notice of Claim must be filed with 90 days of the occurrence of the event, and the claim itself must be filed within a year and 90 days of the event!  

Failure to follow these timelines could result in the case being dismissed.  As the bus driver was in the course of her employment with the school district when this incident is alleged to have occurred, the school district should be named as it is responsible for the acts of its employees.

The news reports say 45-year-old Nancy V. Knapp was charged with Endangering The Welfare of a Child, a misdemeanor, and Second-Degree Harassment, a violation, in the  incident shortly before 7 a.m. on March 19. She was allowed to remain free without bail after her arrest.

Police said Knapp grabbed, shook and choked the child, who was not seriously injured.

Bath Police Chief Dave Rouse told The Leader that Knapp confronted the child because he “was acting up a little bit … and maybe pushing her buttons.” But Knapp’s conduct is inexcusable, even if what she says about the child is true!

Bath Schools Superintendent Joe Rumsey said the videotape from the bus surveillance system has been turned over to the police, and the district is also investigating the incident.

 

Thanks for reading.

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com

 

 

 

 

 

 


Ziff Law Firm Files Lawsuit For 14 Patients In Corning Hospital Syringe Case

syringe-closeAttorney Adam Gee has filed a medical malpractice lawsuit on behalf of 14 Corning Hospital patients who were potentially exposed to Hepatitis B, Hepatitis C and HIV when a nurse used the same single use syringe on multiple patients.

The lawsuit was filed in Chemung County Supreme Court this morning.

Guthrie Corning Hospital said a registered nurse did not follow proper procedure when she used single-use saline syringes to flush multiple IV lines between Oct. 15 and Jan. 29. The single-use saline syringes are used to flush IV tubing before and after medication is administered.

The hospital said it mailed letters to 236 patients who were exposed to the contaminated syringe and urged them to be tested at regular intervals in the coming months.

It is shocking that a concept as simple as using a single-use syringe on only one patient could be overlooked by a registered nurse. Because of the malpractice committed by this nurse, hundreds of patients were potentially exposed to these deadly diseases.

I have had these patients sitting across the desk from me, and they are frightened that they will get sick or infect another family member. They are mothers and fathers, husbands and wives, and grandparents who are afraid to have physical contact with family members. They have to undergo periodic testing to see whether they are sick, and each time will be forced to hold their breath awaiting the results, which could be a death sentence.

We know that more than 200 people were potentially exposed to these deadly diseases – these were all folks who were admitted to the hospital for surgery or illness. Many of them may not understand the letters that were mailed or they may be too scared to know what to do. We are available to answer anyone’s questions concerning these cases and to explain their rights – they can email us at corningsyringeinfo@zifflaw.com, or call us 24 hours a day at 1-800 ZIFF LAW.

Thanks for reading.

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com

 


Fatal Truck Crash In Tioga County, PA, Renews Tragic Spotlight On Winter Dangers, Says NY And PA Truck Crash Lawyer

PA fatal truck crashAs soon as I finished our first post of the day about the dangers tractor trailers and other commercial vehicles pose on our highways, I learned unfortunately of another fatal accident truck crash in the twin tiers.

The Star-Gazette,  WETM-TV and WENY-TV are reporting this afternoon that a tractor-trailer has overturned at the intersection of State Route 14 and Mill Hill Road in Union Township in Tioga County, Pennsylvania, in the Northern Tier.

The driver of the truck, 51-year-old Gary N. Jackson of Roaring Branch, Pa., was killed in the accident when his truck overturned and spun, and he was ejected, police said. Our thoughts and prayers are with Mr. Jackson’s family. WENY-TV is reporting it was a Bradford County sanitation truck.

Sadly, this accident is just another illustration of the dangers we all face on the roads, especially rural, hilly roads, in winter.

About 3,000 gallons of raw sewage spilled from the truck, according to emergency responders. PennDOT, State Police and emergency personnel were on the scene as of early this afternoon. Pennsylvania motorists can log on to 511pa.com or call 511 from any phone to check interstate traffic conditions.

Thanks for reading.

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com

 

 

 

 


Monday’s Mayhem Reminds Us That Tractor-Trailers Pose Special Danger On Highways During Winter, Says NY And PA Injury Lawyer

Tractor-trailers pose a real danger to other drivers during winter.

Tractor-trailers pose a real danger to other drivers during winter.

Monday’s heavy, wet snow wreaked havoc on our roads across the Twin Tiers, from the Finger Lakes, Bath, Hornell and Corning to Elmira, Horseheads, Big Flats, Waverly and Sayre.

It was a wild day to be on our highways, with a passenger killed and a driver injured in a Steuben County crash Monday evening.

Yesterday’s weather-related mayhem highlights what is often an understated problem in our area – collisions involving tractor-trailers, buses and other big commercial vehicles. Because we regularly handle trucking accident cases, we know all too well the tragic consequences of these types of collisions.

When 40,000- or 60,000- or even 80,000-pound trucks lose control, people’s lives are altered forever. Give these vehicles a wide berth when travelling our highways. While many truckers are responsible, alert and take their job seriously, there are many others driving more hours than they are allowed to and operating trucks that are not properly maintained.

The Star-Gazette and WETM-TV highlighted the mess drivers faced yesterday. According to their reports:

  • A 69-year-old Illinois woman was killed in a two-vehicle collision on Interstate 86 in the town of Fremont in Steuben County shortly before 6 p.m. Monday. She was a passenger in a car that clipped another vehicle on the road and spun off the road and rolled over. She was trapped under an overturned vehicle on the shoulder of the road. The 79-year-old driver was hospitalized with multiple injuries.
  • A collision involving a tractor-trailer and car between Wellsburg and Ashland led to westbound Interstate 86 traffic being rerouted to state Route 427, Cedar Street and Clemens Center Parkway. The Elmira Fire Department responded with an engine. “There were I don’t know how many wrecks on the highway,” Elmira Fire Chief Patrick Bermingham told the Star-Gazette. “I heard a dozen of them dispatched during the time we were out there.”
  • A jackknifed tractor-trailer closed Exit 44 on Interstate 86 in Painted Post for hours Monday.
  • Chemung emergency personnel were also busy between Wilawana, Pa., and Exit 57 on State Route 17, Bermingham said. Westbound I-86 also was closed near the Waverly exit about 4:50 p.m.
  • Crashes were also reported near Wellsburg, Ashland, Elmira, Big Flats, Waverly and Veteran, the Star-Gazette reported.

Thanks for reading, and remember to use extra care on our roadways during winter. And if possible, steer clear of trucks!

Adam
__________________________________________

Adam M. Gee, Esq.
NY and PA Injury and Malpractice Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY  14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com

 

 


Police, Courts Steering Into Big Liability Questions With Driverless Cars, Says NY and PA Injury Lawyer

When a driverless car has an accident, who's liable? Stay tuned ....

When a driverless car has an accident, who’s liable? Stay tuned ….

One thing I have learned in 27 years of practice is that the law is constantly evolving, and if you want to do a good job for your clients, you also have to constantly evolve.

Thankfully, I love learning about new technology, which often leads me to think about how new technology will influence current laws.

A recent article on NPR’s thought-provoking Planet Money has an interesting discussion of how the law might evolve as cars start to drive themselves.

Yup, driverless cars are coming, and they’re bringing a bunch of legal headaches with them.

Google is leading the way in the effort to develop driverless cars. The technology is starting to take shape and test drives have been called a success so far.

But our legal system will face a huge challenge when faced with this difficult question: When a driverless car crashes, who’s liable?

Cory Turner, the author of the NPR blog post, points out that governments and courts will have to answer many legal and regulatory issues BEFORE we all slide into the passenger seat to watch a DVD or read a book!

The auto industry is aware of the risk, Turner said. “We have great exposure as an industry in terms of product liability,” Dan Gage of the Alliance of Automobile Manufacturers, told Turner. “And I think as an industry … most of us suspect that there will always be someone in that driver’s seat.”

Turner said a lesson from the vaccine industry may hold the key for driverless cars.

In the 1980s, the rising threat of liability prompted vaccine manufacturers to pull out of the business, Turner wrote. So Congress stepped in and created a new system for people who are injured by vaccines. Cases are handled in special hearings, and victims are paid out of a fund created by a tax on vaccines.

With the threat of liability reduced, Turner wrote, more companies started making vaccines again.

To learn more about driverless cars, check out Forbes’ multipart series or a look at road rage and driverless cars in the Huffington Post.

Motorists in Elmira, Corning and the Twin Tiers:

Would you want to own a driverless car?

Please share your thoughts in the comment section below!

Thanks for reading,

Jim

_________________________________
James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com