Elmira, NY Malpractice Attorney Recommends Riveting Book About Medical Negligence

Posted on October 19, 2011 by Christina Sonsire

I don’t often say this, but Oxygen, a novel by Carol Cassella, is a must-read.

My sister-in-law let me borrow her copy a few months ago when I was hunting for a good summer book. A first glance the topic — an anesthesiologist’s struggle to cope with her emotional and legal struggles after a mistake she made during surgery caused a young girl to die on the table — did not seem to fit my description of a vacation read (a.k.a. a slightly trashy, romantic drama that requires very little mental output). However, I gave Oxygen a try, and I am so, so glad I did.

As a plaintiff’s malpractice attorney, I tend to view malpractice cases primarily from one perspective — the victim’s. Seeing people in my office day in and day out who have been permanently injured or who have lost a family member due to negligence is a moving experience. As the attorney hired to represent the these victims’ interests, I am compelled to do everything I can to see that justice is served for them.

However, reading Oxygen reminded me of the struggles doctors and nurses endure after committing malpractice. Knowing you hurt or killed someone is a terrible cross to bear, yet our draconian medical insurance defense culture — featured prominently in the book — prevents doctors and nurses from acknowledging their mistakes and apologizing to the people affected by their negligence. Worse, the insurance system is set up to drag everyone — the victims and the doctors and nurses — through years and years of needless litigation all in the hopes of saving a few bucks.

As a society, we should be outraged. Many of us who have dealt firsthand with these issues are, but the ever-powerful insurance lobby does everything it can to keep most people from realizing the true extent of what is going on.

If you get a chance, I truly urge you to give Oxygen a read. If you do, please leave a comment for me. I would love to know what you think.

Thanks for reading,

Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web:zifflaw.com
Blog: NYInjuryLawBlog.com

Upstate New York Attorney Asks: Should Medical Malpractice Victims “Go Pink”?

Posted on October 18, 2011 by Christina Sonsire

Image via Wikipedia

Last Sunday the New York Times ran an article in its business section entitled, “Welcome, Folks, to the Pinking of America.” The article — half in praise and half tongue-in-cheek — lauded Nancy Brinker for the outstanding effort she has made as founder and C.E.O of the Susan G. Koman foundation. Thanks to Brinker and the Koman community, EVERYONE is aware that pink = breast cancer awareness, and breast cancer awareness = saving lives.

But, how many lives are we really talking about? According to the article, approximately 40,000 women (along with a few hundred men) die each year from breast cancer. A big number, for sure, though far less than the number who die from heart disease and lung cancer. The difference? Marketing and the media-darling status of the ‘Get Pink’ crowd. I do not mean in any way to disparage the Koman effort, but simply to point out how perceptions can be deceiving.

Take Medical Malpractice Victims, for instance. According to a 2009 report by the Hearst Corporation, approximately 200,000 people die each year due to medical negligence. 200,000!!! That is over four times the number of breast cancer deaths, yet pink is probably the last color most people associate with advocates — such as plaintiff’s malpractice lawyers — who fight on behalf of those who have died.

It’s time to change the perceptions. Medical negligence is much, much more preventable than breast cancer. It is everyone’s duty to help make sure you or your loved one are not the next ones to fall victim to something that should never, ever happen.

Thanks for reading!
_________________________________
Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web:zifflaw.com
Blog: NYInjuryLawBlog.com

NY Lawyer Asks “Really?” As NY Drops Eye Test for Licensed Drivers

Posted on September 30, 2011 by Jim Reed

The New York DMV has dropped the eye test requirement for drivers, raising concerns about elderly drivers.

This cannot be a good idea … NY is dropping the eye test for drivers. At a time when I am seeing many more cases involving elderly drivers – drivers in their 70s and 80s – involved in bad car crashes, does NY really think it’s a good idea to eliminate an eye test that might be the most effective tool for identifying when an elderly person might need to stop driving?

Now, don’t get me wrong. I certainly have nothing against elderly drivers and I think a person should be permitted to drive so long as they are mentally and physically capable of doing so. But I do worry that eliminating this test will have the effect of failing to catch those drivers whose failing eyesight is causing them to be a deadly danger to others.

I understand the test was eliminated to encourage more people to be able to renew their licenses online, and I am all in favor of the cost-savings and convenience of online licensing. But I wonder if it might have been a better compromise to eliminate the eye test for drivers under a certain age – say 65 – but keep the eye test requirement for drivers over that age. Just an idea ….

Click here for the WETM-TV report.

Here is the story from The Associated Press:

Albany, N.Y. (AP) – New York is dropping its requirement for vision tests to make it easier for drivers to renew licenses online or by mail.

Department of Motor Vehicles Commissioner Barbara Fiala said in a statement that the change is one of several stemming from Gov. Andrew Cuomo’s call for streamlining by state agencies.

Another change is a new Internet application, “MyDMV,” which allows customers to set up personal online accounts to do business with DMV.

Starting Sept. 28, drivers will “self-certify” that they meet the vision requirement when they renew. New licenses and commercial licenses will still require eye tests at a DMV office or by a doctor.

Fiala said vision testing wasn’t required in New York from 1993-2000, and six other states don’t require eye tests for renewals.

And reaction from across the state shows many people agree with me!

County clerks from across the state are critical of the DMV’s short-sighted decision and want the decision reversed!
From WHAM-TV in Rochester and Fox23 News in Albany: Residents see the dangers, too!
A state lawmaker in the Syracuse area strongly opposes the change.
And a downstate ophthalmologist calls it a “terrible idea.”

Residents of Elmira, Corning and Twin Tiers, let your state lawmakers know what you think about this today!

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

Lawsuit Pierces Medical Code of Silence, Says NY Medical Malpractice Lawyer

Posted on September 29, 2011 by Jim Reed

Speak No Evil says the Medical Community!

As a NY medical malpractice lawyer for more than 25 years, I am well aware of the “white-coat conspiracy of silence.”

This is an unwritten but well-known code of conduct that is routinely followed by doctors, nurses, hospital administrators, etc., that says:

“No matter what … never, ever, EVER … admit that one of your medical colleagues did anything wrong.”

A recent NY case against a Manhattan hospital turned that Code of Silence upside down when it ordered a doctor to turn over an email that he had written that was critical of the medical care provided to a patient. Needless to say, defense lawyers for the hospital who were claiming the medical care was OK screamed bloody murder and tried everything in their power to suppress this email so it would never see the light of day.

Here is a quick summary of the lawsuit, from a New York Law Journal article:

Rose Lowenthal, 89, died from post-operative developments two days after successful hip surgery at New York Downtown Hospital in December 2008.

Her surgeon, upset by her death, wrote an email to the chief of the hospital’s surgery department, criticizing Mrs. Lowenthal’s post-operative care.

Mrs. Lowenthal’s son filed suit in 2009 and the hospital refused to turn over the email, saying it was confidential because it was turned over to the hospital’s Quality Assurance Committee.

But a Manhattan Supreme Court justice rejected that argument, telling the hospital to turn over the email in the lawsuit because the hospital had not proved the email was written for the committee.

In an affidavit, the surgeon said he wrote the email on his own, and added that he was not invited to participate in the committee’s meeting or the morbidity and mortality meeting in Mrs. Lowenthal’s case.

The family’s lawyer, Scott Rubin of Levine and Grossman in Mineola, said the doctor’s unsolicited critical letter was the first of its kind he’d seen in more than 30 years of practice.

“Usually doctors don’t send letters excoriating departments or other doctors,” he said, adding with great understatement that the email “could be quite helpful to me.”

Why would the hospital’s lawyers be so upset by the disclosure of this email? Wouldn’t they want the truth to emerge? Wouldn’t they want to improve the medical care provided by the hospital?

Well, you would think so, but the reality of it is that these lawyers don’t want any doctor’s criticism of another doctor or medical provider to EVER see the light of day ….

I am glad the judge disagreed and ordered them to turn over the email!

Thanks for reading.

Jim
__________________________________________

At Last! Texting While Driving Tickets Soar in NY, says NY and PA Accident Lawyer

Posted on September 22, 2011 by Jim Reed

If you are caught texting while driving now in New York, you could face much stiffer penalties than in the past.

Police officers are cracking down across New York State on texting motorists, and the number of tickets issued to distracted drivers has soared across the state in recent months.

Have you gotten the message yet and stopped texting while driving?

As you probably know, the Ziff Law Firm has repeatedly encouraged state officials to toughen the law and then urged police to enforce it. You can see what we’ve said here and here and here.

Here are some of the findings reported in a Gannett News Service story this week in the Elmira Star-Gazette on the increase in the number of texting-while-driving tickets issued in New York State:

The number of tickets soared 43 percent through mid-September, compared with all of 2010, an increase from 3,248 tickets in 2010 to 4,634 tickets so far in 2011.
Outside New York City, the number of tickets issued for texting totaled 1,617 in 2010 and 2,777 tickets in 2011 as of Sept. 17, a 72 percent increase.
The number of tickets more than doubled in 33 counties, including in Chemung and Monroe, and more than tripled in other counties downstate.

The big increase comes after Gov. Andrew Cuomo signed a new law in July that allows police to pull over drivers specifically for texting. That law took effect on July 12.

The initial law approved in 2009 only made texting a secondary infraction, so police could only ticket a driver if they were pulled over for another offense, such as erratic driving.

Talking on a cell phone while driving is still a more common infraction, according to Gannett. Police across the state have issued 181,400 tickets so far this year after about 332,000 were issued in 2010!

A texting while driving violation will now cost you a fine of up to $150 and three points on your license, which is the same as a speeding ticket. (Remember what THAT last speeding ticket did to your insurance bill?)

Drivers iilegally using a cell phone to talk could be issued a ticket for a traffic infraction and a $150 fine!

See this New York State website for more about the new texting while driving law. Also see this website about the state’s law on drivers using cell phones.

Anyone seeking a license in New York State must now attend a class on the dangers of distracted driving.

In the first full month of the new law, a record 1,082 tickets were issued statewide. The previous record was in April, with 689 tickets, but a special enforcement period in Syracuse drove up the numbers, Gannett reported.

“It’s a great success story,” John Grebert, executive director of the New York Police Chiefs Association, told Gannett.

The number of tickets issued in Chemung County jumped from 15 to 34 since the new law was approved. Chemung County Sheriff Christopher Moss told Gannett that the texting lookouts are now part of distracted driving enforcement funded by the state. And the county also meets with students to talk about the dangers of texting while driving!

Too many young people are not getting the message. Look at other drivers as you drive in Elmira, Corning and the Twin Tiers — too many are still texting and putting us all in danger.

Put down the distraction and DRIVE before you cause an accident that could change your life — and the lives of others — forever.

Please! Let’s be safe on the road. For yourself, for your passengers and others on the road — INCLUDING pedestrians and bicyclists!

Thanks for reading. Please drive safely!

Jim

__________________________________________

UPDATED WITH PHOTOS: Our ‘Valley Girl’ Helps With Flood Recovery, Says NY Injury Lawyer

Posted on September 19, 2011 by Jim Reed

Annette Viselli Thorne

One of our great paralegals at the Ziff Law Firm, Annette Viselli Thorne, a former longtime resident of “the Valley” (the Sayre-Athens area, for those who don’t know!), helped over the weekend with recovery. Now a resident of Painted Post, her heart is still with her friends and family in the Valley, too!

She wrote the following about her efforts — not to draw attention to herself (Annette is NEVER like that) but to show the world what her friends and family are facing back home.

Here is her dispatch (it brought tears to my eyes!):

Up until a little over three years ago, when I moved to Painted Post, I was a Valley Girl, having been born, raised and lived there nearly all of my life. As the saying goes, you can take the girl out of the Valley but you can’t take the Valley out of the girl, and those words, once again, rang very true when my hometown was devastated by the recent flooding.

In 1972, when we were the victims of Agnes and I was just a young girl, the Valley, particularly downtown Athens, was destroyed by flooding and I remember it very well. My father was a volunteer firefighter and he was gone for days to assist those in need. I remember the devastation at my elementary school that was across the street from the river.

But this time, it was different, not only because I think we were hit just as hard if not harder by this flood, but because as an adult, it had a different meaning. I didn’t feel helpless like a small child and I was able to lend a helping hand.

I walked River Street in downtown Athens just a few short days after the flood hit, and unless you see it firsthand, you’d have no idea of how much people suffered. For most, the entire first floor of their homes had been under water and they were left with the aftermath. One would think the water would be the worst of the damage, but it is the mud that takes over these homes, causing the most damage. As I walked River Street, I encountered families who were like lost souls, digging through inches of mud to attempt to recover their belongings, their family heirlooms, whatever was left of their homes. Unfortunately for many, there was very little left.

Aside from the many homes in Sayre and Athens that were destroyed, many businesses in Athens were also destroyed. There were people who lost their homes AND their jobs.

The Valley, as always, is filled with the most kindhearted and giving people I have encountered, and they immediately began to rally. People from all over New York State and Pennsylvania, countless organizations, school groups, college students, high school students, people from all walks of life, came out to do whatever they could to help our little community.

Having my father’s strong sense for the importance of giving back to your community, I, too, began my own rally in collecting much-needed supplies for the Valley, and with the help of friends, family and my Ziff Law Family, I was able to lend a helping hand and deliver more than $300 in supplies and numerous bags of clothing to the recovery center in downtown Athens on Saturday.

Jack Schamel of our Ziff Law Family delivered much-needed mattresses, wheelchairs and walkers to the recovery center. From there, we made the trip to the Valley Rally, an event that mirrored our annual Christmas Is For Kids, live three-hour radio broadcast at our local Sayre Theatre. This event collected furniture, household appliances of all sizes, clothing, cash donations and so on. The outpouring of help from the community was beyond words, with supplies being lined from one corner to the next, U-Haul truck loads one after another, filled to capacity.

Neighbors served meals to the workers, and restaurants offered free meals to victims and workers. The kindness and generosity of the fine people in the Valley went on and on.

The rally was a very emotional time for the victims, who have endured so much, and the volunteers. This amazing event raised more than $250,000, and that is not counting the many donated items. It was incredible beyond words!

Also, being the animal lover I am and realizing that many four-legged friends were also victims, my instincts kicked in and again, with the help of family, friends and co-workers, I was able to make a substantial donation of dog and cat food to a nearby animal shelter.

What impressed me was how EVERYONE came together as one to take care of our neighbors and friends. The life lessons that we are teaching our children is the importance of being an asset to your community!

A new phrase was coined at the Valley Rally on Saturday, coming from one of the residents affected by the flood, who said, “We are not victims, we are survivors!”

And survivors the Valley residents are! I’m proud of my hometown and proud to be a Valley Girl!

If you’d like to read more about the Valley Rally, go here.

But more importantly, if you’d like to help the people in the Valley or you need help with flood recovery, go here.

I hope residents of Elmira, Corning and across the Twin Tiers help pitch in and set an example for the younger generation, too!

Please scroll below to see photos of the flooding in the Valley by Lisa Robinson-Howeler of Gladwynn Photography. The photos provide just a small taste of the devastation in the Valley.

My heartfelt thanks to Annette and Lisa, and thanks for reading!

Jim

__________________________________________

Insurance Companies Put Bite On Dog Owners, Says NY Dog Attack Lawyer

Posted on August 26, 2011 by Jim Reed

Has your dog been excluded from your homeowners' insurance?

New York State dog owners are going to be mad when they realize what homeowners’ insurance carriers have done.

In recent years, more carriers have quietly slipped “dog exclusions” into their insurance policies. Many policy holders have not noticed this stunning change which is certainly understandable because insurance policies are notorious for tons of incomprehensible, fine print.

These “exclusions” means that these homeowner’s insurance policies don’t cover any injury caused by dogs, including bites.

This NY dog bite lawyer and other lawyers across the state noticed the changes were unleashed on unwitting homeowners, including many in the Elmira-Corning area, in the last few years.

At first, I noticed only some dog breeds were left uncovered, such as pit bulls, who were considered among the most aggressive. But now I am seeing exclusions for ALL DOGS, regardless of the breed.

If you’re a homeowner with a dog, it’s time to unleash your outrage, because you’re being ripped off!

Here is the bad news: One-third of all injury claims against homeowners are because of dog bites, BUT when insurance companies exclude coverage, they are NOT GIVING YOU a one-third discount!

What a deal for the insurance carriers! They’ll deny they are curbing your dog to roll up more profits, and say they are just trying to keep your premiums down!

Don’t bellieve it!

These exclusions are bad for dog-bite victims, too. Let’s say you have the misfortune of getting mauled by a poor dog owner with an insurance exclusion. If that happens, it is very possible you will get no compensation for your suffering!

All homeowners in the Elmira / Corning area, and throughout the Southern Tier, should still shop for insurance that covers dog bites. They are still available, and it’s the right thing to do.

And it should not cost you any extra money.

Thanks for reading.

Jim

_________________________________

James B. Reed

NY & PA Dog Bite 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

NY Boat Accident Lawyer Discusses Recent Seneca Lake Boating Fatality

Posted on July 26, 2011 by Jim Reed

Michael Tangye (courtesy of The Palm Beach Post)

I was within minutes of witnessing a horrific boating accident on Seneca Lake that killed a boater.

Last Saturday night, I took a friend who was visiting from Colorado on the Sunset Cruise on the True Love schooner sailing excursion in Watkins Glen, N.Y.

After a nice dinner, we boarded my boat for the eight-mile trip to my Seneca Lake cottage. We motored north out of the Seneca Lake marina, not knowing that minutes later a tragic collision was to occur when a boat headed south drove into an unlit, concrete seawall.

Schuyler County Sheriff’s depuities said Michael Tangye, 42, of Boynton Beach, Fla., was killed Saturday evening when he was ejected from the boat he was operating when it struck the seawall, according to the Rochester Democrat and Chronicle Newspaper.

Deputies said two other passengers, 24-year-old Ashley Kay of Orland Park, Ill., and 25-year-old Joseph Hager of Montour Falls are in stable condition at Robert Packer Hospital in Sayre.

Police haven’t said yet whether alcohol played a role in the crash. The investigation continues.

Two veteran boaters told WETM-TV that the concrete seawall is dangerous because it needs more lights.

Doug Viele of Horseheads and John Kizale of Sayre, who say they have been boating on Seneca Lake for 30 years, said they have seen and heard about many accidents at the seawall and are amazed there have not been more fatalities.

“The wall needs some type of lights in the center because it’s a big dark hole,” Kizale told WETM. “It has lights on each end but the middle is totally black and it’s easy to run into. It certainly is dangerous.”

“When it’s dark out, it’s very dangerous,” Viele added. “If you have headlights in your boat, turn them on because you can’t see that wall if you don’t.”

Let this accident serve as a tragic reminder of dangers in the water for all boaters. Let’s be safe out there!

Thanks for reading.

Jim

_________________________________

James B. Reed

NY & PA Boat Accident 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

Tragic Death of Amputee at Darien Lake Raises Safety Questions, NY and PA Accident Lawyer Says

Posted on July 12, 2011 by Adam Gee

An Iraq War veteran who lost his legs died last week in a fall from the Ride of Steel roller coaster at Darien Lake.

The death last week on a Darien Lake roller coaster of a U.S. Army veteran who lost both legs in Iraq is a horrible tragedy. Our thoughts and prayers are with his family members.

But now it’s clearly time for the park operators to review their safety regulations. A double leg amputee should not be on any roller coaster unless a safe ride is assured!

People without both legs are barred from at least two coasters at Darien Lake Theme Park Resort, the Motocoaster and the Predator, according to The Associated Press.

But rules on the resort’s website for the 208-foot-tall Ride of Steel – which James Thomas Hackemer, 29, was riding when he fell to his death Friday evening – only say that guests must be at least 54 inches tall. But it adds that people with “certain body proportions” may not be able to ride, the AP reported.

Hackemer had recently returned to his parents’ home in Gowanda, near Buffalo, after years in and out of rehabilitation hospitals. Hackemer lost his legs in a roadside bombing in March 2008 in Iraq.

Hackemer was not wearing his prosthetic legs when he got on the roller coaster, his family told The Buffalo News. Hackemer, who was divorced, had two daughters, 4 and 3. They were at the park with other family members Friday evening.

Hackemer had not been at the park since before he lost his legs in Iraq, the News reported. Family members said Ride of Steel was his favorite roller coaster and they said Hackemer was “very strong-willed” and likely would’ve argued to get on the roller coaster if denied.

“I have no doubt in my mind that he died happy,” Jody Hackemer, a sister, told the News. “He was doing what he wanted to do, and that’s the important thing.”

Other veterans said they could relate.

“Doing what he did, I completely understand that,” Jack O’Connor, a Vietnam veteran, told the AP. “He wanted to go on the roller coaster. He wanted to be normal again, like everyone else, and not be thinking about some of the things that probably happened to him overseas.”

The family does not believe the Genesee County theme park did anything wrong in letting Hackemer on the ride, Jody Hackemer added.

“We in no shape or form hold Darien Lake accountable,” she told the News. “They weren’t negligent. It’s nobody’s fault. It was an accident. James thought it wasn’t an issue.”

Amusement park industry consultant Dennis Speigel told the AP that two things should be considered when determining whether someone should be allowed on a ride.

“One is rider responsibility and then there is operator responsibility, and those two issues have to homogenize,” Speigel said Sunday. “This just seems to me that it was a bad decision on both parts.”

I respectfully disagree with the family, as I am sure anyone who has been on this ride will. This roller coaster is all about speed. After the first drop the coaster attains speeds in excess of 70 mph. The car then goes over another, smaller hill. At those speeds, as the car drops, centrifugal force pulls you up and out of your seat. The same thing occurs on all the remaining hills. A bar pushes down over your hips, and is supposed to hold you in place. For people with two legs it is sufficient to do its job, although it still gives the sensation that one could be lifted right out of the car. This roller coaster was not designed for, and is obviously not safe for, a double amputee.

Attendants for this ride never should have allowed Mr. Hackemer to get on. I understand the sentiment of the family, that he died doing what he loved and likely would have argued with the attendants if they told him no, but that is not the test of what is right and wrong.

Darien Lake has an obligation to protect people from dangerous situations. They are in a better position to know whether a ride is safe for a particular person than that person. In this case, they were clearly in a better position to know whether the ride was safe for Mr. Hackemer than Mr. Hackemer was, and were obligated to prevent him from getting on this ride. They failed miserably in that obligation.

Mr. Hackemer was a hero. He lost both his legs serving his country and performing his job to the best of his abilities. Darien Lake failed to perform their job to the best of their ability, and that cost Mr. Hackemer his life. He deserved better.

Thanks for reading.

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

“Hot Coffee,” the Movie, Highly Recommended For Those Who Want BOTH Sides of the Story

Posted on June 27, 2011 by Jim Reed

Everyone has heard of the “frivolous” McDonald’s hot coffee lawsuit – the one where a jury awarded millions of dollars for some spilled coffee. But have you ever wondered if you knew the whole story … whether there might be more to the story of why a jury might have returned a large verdict for a little spilled coffee?

I can tell you that I have been trying injury lawsuits in Upstate N.Y. for more than 25 years, and when I am picking a jury, I am always confronted by the idea of “runaway juries” and “ridiculous verdicts” and the McDonald’s case is always advanced as the poster child for where the personal injury system has gone wrong.

Many times I have explained the true facts behind the McDonald’s case. When people hear what really went on, they understand exactly why the McDonald’s case isn’t crazy after all:

I explain that the woman suffered horrible burns, leaving her with permanent scars.
I explain how this particular McDonald’s purposely kept its coffee hotter than other McDonald’s despite previous people who were injured by the scalding coffee.
I explain how the judge reduced the jury verdict for punitive damages from $2.7 million to $480,000.
I explain that the legal system actually worked as it should in that case because ultimately McDonald’s was only ordered to pay an amount that was just and fair to the victim as well as an amount that was just and fair to McDonald’s.

But better than any explanation I can provide is a new movie called “Hot Coffee,” which tells the real tale behind the McDonald’s case. This movie is playing on HBO right now and I strongly urge you to watch it if you get the chance.

Don’t worry – the movie is actually much more interesting and entertaining than it sounds.

So you can learn more …

Here is the movie website and the HBO website.

To read an interview with the filmmaker, click here.

And here is the trailer for the movie:

Below I have pasted a recent review of the movie by noted lawyer Gerald L Shargel.

One thing I have learned as a trial lawyer is that there are ALWAYS two sides to every story, so it’s important that we always hear BOTH sides before reaching a final conclusion ….

Thanks for reading and please let me know what you think of the movie!

Thanks, 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

From Gerald L. Shargel’s review:

“While there may be no reliable data about the number of frivolous lawsuits filed each year, the civil justice system is largely self-regulating and the vast majority of frivolous lawsuits are weeded out early. The initial filtering process is the assessment of the case by lawyers who often take cases on a contingency basis, earning a fee only if there is a recovery; lawyers understandably will avoid a case where the claim is unlikely to succeed. Even after a jury verdict, a judge has the right to modify a jury’s damage award if the evidence does not support it. In Stella Lieback’s hot coffee case against McDonald’s, the trial judge reduced the $2.7 million punitive damages verdict to $480,000, while compensatory damages were reduced from $200,000 to $160,000.

“Tort claims serve the public good. More than simply compensating victims, meritorious lawsuits can force corporate or individual defendants to change or modify the behavior that caused the harm or injury. Hot Coffee lends a strong voice to those who favor fundamental fairness in redressing well-founded claims.”

To see the full review, go here.

Must See TV: Hot Coffee Premieres on HBO on Monday 6/27 (lawprofessors.typepad.com)

And reaction from across the state shows many people agree with me!

Residents of Elmira, Corning and Twin Tiers, let your state lawmakers know what you think about this today!

Why would the hospital’s lawyers be so upset by the disclosure of this email? Wouldn’t they want the truth to emerge? Wouldn’t they want to improve the medical care provided by the hospital?

Well, you would think so, but the reality of it is that these lawyers don’t want any doctor’s criticism of another doctor or medical provider to EVER see the light of day ….

I am glad the judge disagreed and ordered them to turn over the email!

Have you gotten the message yet and stopped texting while driving?

Too many young people are not getting the message. Look at other drivers as you drive in Elmira, Corning and the Twin Tiers — too many are still texting and putting us all in danger.

Put down the distraction and DRIVE before you cause an accident that could change your life — and the lives of others — forever.

Please! Let’s be safe on the road. For yourself, for your passengers and others on the road — INCLUDING pedestrians and bicyclists!

But more importantly, if you’d like to help the people in the Valley or you need help with flood recovery, go here.

Please scroll below to see photos of the flooding in the Valley by Lisa Robinson-Howeler of Gladwynn Photography. The photos provide just a small taste of the devastation in the Valley.

Jim

If you’re a homeowner with a dog, it’s time to unleash your outrage, because you’re being ripped off!

Let this accident serve as a tragic reminder of dangers in the water for all boaters. Let’s be safe out there!

But now it’s clearly time for the park operators to review their safety regulations. A double leg amputee should not be on any roller coaster unless a safe ride is assured!

So you can learn more …

From Gerald L. Shargel’s review:

Related articles