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

Posted on April 22, 2013 by Jim Reed

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.

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

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Blogs: NYInjuryLawBlog.com and

NYBikeAccidentBlog.com

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

Posted on April 4, 2013 by Adam Gee

Rich 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

Posted on March 29, 2013 by Adam Gee

A 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

Posted on March 25, 2013 by Adam Gee

Attorney 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

Posted on March 19, 2013 by Adam Gee

As 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

Posted on March 19, 2013 by Adam Gee

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

Posted on March 13, 2013 by Jim Reed

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

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Blogs: NYInjuryLawBlog.com and

NYBikeAccidentBlog.com

Williamsport Couple Killed In Crash, Leaving Three Children Injured and Orphaned

Posted on March 3, 2013 by Adam Gee

A Williamsport couple were killed in a head-on car accident Friday afternoon in MIllerton in Bradford County, and their three children, who were in the back seat, were sent to area hospitals.

State police said the driver of the second vehicle crossed the center line and struck and killed the couple.

Killed were Ryan English, 35 years old, and his wife Karen English, 32. Police did not release the conditions of the three children but said they were taken to an area hospital. Reports from social media indicate one child is now at Strong Memorial Hospital in Rochester, NY, where he is expected to stay for the next 3-6 weeks. The other two children have been discharged and are with family.

State police and the county coroner told WETM-TV and the Star-Gazette that Ryan English was driving a 2012 Chevrolet Suburban eastbound on state Route 328 in Wells Township shortly before 5 p.m. Friday when a 2004 Chevrolet Avalanche driven by Roegester Grays, 45, of Lawrenceville, crossed the center line and struck the English vehicle head-on.

Ryan and Karen English were pronounced dead at the scene.

Grays was transported to Arnot Ogden Medical Center in Elmira. Police did not comment on his condition.

All those involved in the accident were wearing seat belts or in child safety seats, police said.

Police also said they are unsure why Grays’ vehicle crossed the center line.

My heart breaks for the English family, the family of Ryan’s wife Karen, and for their three young boys going through this unimaginable tragedy. I was proud to call Ryan a friend – he was the type of man all men should strive to emulate – an intelligent hard worker – a proud father and family man – aware of the importance of his community and country – outgoing and boisterous - quick with a laugh and a smile.

Ryan, a native of Horseheads, NY, will be sadly missed by many, but by none more so than his three young sons. I can’t begin to imagine what this family is going through. Please keep them all in your thoughts.

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

Thousands Rally Against New NY Gun Law As State’s Supreme Court Questions Its Constitutionality

Posted on March 1, 2013 by Adam Gee

About 5,000 gun-rights supporters attended a rally Thursday in Albany against New York State's new gun-control law.

About 5,000 gun-rights supporters attended a rally Thursday against New York State’s new gun-control law.

Thousands of gun-rights supporters rallied in Albany Thursday, calling for the repeal of New York State’s tough new gun-control law, one day after a state Supreme Court justice issued an order requiring the state to show good cause that the law is constitutional.

The pressure on Gov. Andrew Cuomo grew more intense Thursday when state Sen. Kathy Marchione, R-Halfmoon, introduced a bill that would repeal the SAFE Act.

Protesters came to Albany in about 100 buses from all over the state for the noon protest outside the Capitol.

The new law bans so called “assault weapons” and limits magazine sizes to seven bullets – despite the fact that seven round magazines aren’t made for most semi-automatic weapons.

Before you read much more, here is some background: I have written about the good and bad in the new gun law here, and you can read about the new law here, including an FAQ here, on the governor’s website.

At Thursday’s rally, state Sen. James Seward, R-Milford, was among the state lawmakers who added their voices to the protesters’, calling for the repeal of the law. He acknowledged, however, that that is unlikely and said he hopes an expected lawsuit that will challenge it will get the law tossed.

“I think the court challenge is the best opportunity to make some changes in the bill, to make it more reasonable and workable in terms of law-abiding gun owners in New York,” Seward said.

Thursday’s rally was the third (and largest!) by gun-rights supporters since the law was adopted. State Police estimated that 5,000 people were there.

The governor has defended the law, arguing it will protect New Yorkers from gun violence. The law includes harsher punishments for illegal gun use and provisions to keep guns out of the hands of people with mental illnesses.

“I’m proud of the law. I’m proud of what we did,” Cuomo said told reporters on Thursday. “I am a gun owner. This is not about taking anyone’s gun. This is not about saying there is no such thing as the Second Amendment.”

But Dave Coolbaugh, a 54-year-old from Elmira, told Gannett News Service state leaders are taking away New Yorkers’ gun rights to forward their own political agenda. “I don’t know what they think gives them that right,” he said.

Marchione’s bill, which faces an uncertain future in the Senate and Assembly, calls for the repeal of the provisions related to the expanded ban and ammunition restrictions. You can read Marchione’s bill here.

Residents of Elmira, Corning and the Twin Tiers, did you travel to the rally Thursday? Whether you went to Albany or not, please share your thoughts on this important issue in the comments below.

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

Corning Hospital Patients Exposed to Life Threatening Illnesses by Negligent Nurse!

Posted on February 8, 2013 by Adam Gee

Careless work by a registered nurse has exposed hundreds of Guthrie Corning Hospital patients to blood-borne infections, Guthrie Healthcare System announced Thursday.

This is just the latest in a series of reports of dangerous, unacceptable care in our hospitals and medical centers.

Just last month, stunning reports from Buffalo and Florida Veterans Affair Medical Centers sent shivers through our community of military veterans and their families.

And then last month at an Olean hospital, more than 1,900 patients were possibly exposed to HIV, hepatitis B and hepatitis C by insulin pens that were reused by medical personnel.

Now we learn that an unnamed Guthrie Corning Hospital employee, between Oct. 15 and Jan. 29, did not follow proper infection control protocol while using single-use saline syringes to flush IV lines at the hospital – THESE SYRINGES WERE RE-USED!.

The nurse is no longer with the hospital, Guthrie said.

Guthrie said it has mailed letters to 236 patients hospitalized at Guthrie Corning Hospital who were treated by the nurse who reused the single-use saline syringes.

Patients who did not receive letters but were hospitalized during that time are allegedly not at risk, Guthrie said.

See local news reports here and here and here about this breaking story.

Those who received letters were urged to call 855-316-7944 to learn more information of set up a testing appointment.

Guthrie said it will reimburse patients for appointments or testing at a Guthrie facility or at a facility of the patient’s choice.

“Guthrie Corning Hospital conducted a thorough investigation and has coordinated with the New York State Department of Health,” said Dr. Brian Fillipo, chief medical officer at Guthrie Healthcare System.

Fillipo also said no other nurses were involved and characterized this shocking exposure of patients to deadly diseases an “isolated incident.”

Fillipo said there are not presently any reports of any patients being infected but some patients could have been potentially exposed to HIV, hepatitis B and hepatitis C.

“We apologize for the concern this has caused our patients,” Fillipo said in a Guthrie news release. “Our primary concern is with our patients and ensuring they receive precautionary testing.”

A Guthrie news release reported that Guthrie Corning Hospital nurses are instructed to use the single-use saline syringes once and then discard them.

No needles are used during saline flushes, Guthrie said. Saline syringes are used to flush IV tubing before and after medication is administered through an IV.

Stay tuned for future developments on this very scary situation.

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