In this case handled by Elmira medical malpractice attorney Jim Reed, the Labor and Delivery nurses hooked the Mom up to an electronic fetal monitor and then left the Mom unattended for 40+ minutes. Unfortunately, fetal monitors are absolutely no good if no one is there to read the results….

That’s why the standard of care for labor and delivery nurses requires nurses to review the monitor strips for the first 20 minutes that the mother is placed on the monitor. If all is OK after 20 minutes, the Mom can then be left unattended for short periods of time. If the strips are not OK, then the nurse is trained to immediately intervene and summon a doctor if necessary.

In this case, a careful review of the medical records revealed that the mother had been left totally unattended for the first 40+ minutes she was placed on the fetal monitor. As you might have guessed, the monitor strips were bad meaning that the baby was in trouble and needed immediate delivery. The problem is that no one was in the room to hear read the results and respond to the baby’s cries for help. As a result, the necessary C-section to rescue the baby was delayed by more than an hour causing the baby to suffer profound brain damage (Cerebral Palsy). The baby was rushed from the Corning Hospital to the Neonatal Intensive Care Unit at the Arnot Ogden Medical Center in Elmira, but the damage was already done. The baby had a permanent brain injury called Hypoxic Ischemic Encephalopathy (HIE) which means that the baby’s brain was deprived of oxygen at birth.

Despite the clear negligence on the part of the Corning Hospital staff nurses, the medical malpractice insurance carriers for the Hospital and the Guthrie Clinic (Guthrie now owns the Corning Hospital), stubbornly refused to settle the case. It was not until 2007, more than NINE years after the baby’s birth in August, 1998, that the lawyers for the malpractice insurance companies finally made any offer to settle the case. And it was not until after Steuben County Supreme Court Judge Joseph Latham actually set a firm trial date, that the carriers finally offered a present value amount of $2,400,000 to settle the case. By very sophisticated use of annuities, life insurance planning and a Supplemental Needs Trust, the expected payout of benefits to this little girl over her projected lifetime will be more than $20,000,000. It sounds like a lot of money but given the high cost of medical care and the 24/7/365 medical needs of this child over her lifetime, each and every penny will be necessary for her care.

As experienced medical malpractice attorneys know, there is no such thing as an “easy” medical negligence case. No matter how strong your case, the doctors, hospitals and their medical malpractice insurance carriers, defend these cases tooth and nail. They force you to spend year upon year and tens of thousands of dollars (we have invested more than $80,000 in some cases) prosecuting your case. Consequently, there is nothing more satisfying than to resolve a case in a manner that you know will benefit your deserving client for the rest of their lives…

]]> http://www.zifflaw.com/NYInjuryLawBlog/more-than-20000000-settlement-against-corning-hospital/feed 0 http://www.zifflaw.com/NYInjuryLawBlog/update-steuben-county-officials-identify-driver-in-hornellsville-crash http://www.zifflaw.com/NYInjuryLawBlog/update-steuben-county-officials-identify-driver-in-hornellsville-crash#comments Fri, 02 Jul 2010 00:20:48 +0000 Christina Sonsire http://www.zifflaw.com/NYInjuryLawBlog/?p=3072

The Elmira Star Gazette reported that Steuben County officials identified the driver in a one car crash that occurred at about 5:00 A.M. on Wednesday, June 30, 2010, in Hornellsville.

Sheriff identifies driver in accident that injured 9

The Steuben County Sheriff’s Office named the driver in the one-car accident that injured nine teens Wednesday morning.

Six of the teens remain hospitalized today, deputies said.

The investigation is ongoing, the sheriff’s office said.

As I reported in an post earlier today, this terrible tragedy highlights a number of issues all parents need to consider.  Aside from the obvious concerns about underage drinking and teen drivers, an accident such as this with multiple victims raises several important questions regarding auto imsurance coverage.

Please take the time to read my earlier post, and do not hesitate to contact me if you have questions about your own coverage.  Many times coverage questions are asked after an accident occurs, and generally that is just too late.

Thanks for reading,

Christina

_________________________________
Christina Bruner Sonsire, Esq.
New York and Pennsylvania 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

A horrific accident involving nine teenagers occurred at approximately 5:00 A.M. on Wednesday, June 30, 2010, in Steuben County, New York (near Corning).  Aside from highlighting the dangers associated with underage drinking and teen drivers, the accident raises several critical insurance coverage issues that every parent should understand.

According to the Elmira Star Gazette (full article pasted below, nine teens were injured in a one car accident in the Town of Hornellsville following an underage drinking party.

The parents of the nine injured teens are facing — or surely will face — tough questions with respect to how or if their children will be compensated as the teens begin the long road to recovery.

In general, parents of children injured in one-car motor vehicle accidents involving multiple passenger need to be aware of the following insurance coverage information:

1.  BASIC NO-FAULT COVERAGE – New York State Insurance Law requires every driver to provide at least $50,000 of Personal Injury Protection (“PIP”) to each passenger of his vehicle regardless of whether he caused the accident or not.  This type of insurance is generally referred to as “No Fault Insurance” because it is triggered even if the driver was not at fault.

What does this mean?  Every passenger in a vehicle is entitled to $50,000 of PIP coverage under the driver’s insurance policy in the event the passenger is injured in an accident.  In general, PIP covers economic losses such as lost wages and medical bills.

Why is this important?  Here, assuming the driver had proper insurance coverage, all nine teens (the driver is entitled to PIP benefits as well) are likely entitled to receive up to $50,000 to compensate them for their economic loss.  In addition, a passenger may be able to collect No Fault PIP benefits under his own policy once PIP iunder teh driver’s policy is exhausted.  This is called “stacking” PIP coverage, and it often allows a passenger to receive up to $100,000 to cover economic loss.

2.  ADDITIONAL NO-FAULT COVERAGE — Residents of New York are also free to purchase additional No Fault coverage in the event they or members of their families are seriously injured in an accident and their economic losses exceed $50,000.  The two primary types of additional coverage are called Additional Personal Injury Protection (“APIP”) and Optional Basic Economic Loss Coverage (“OBEL”).

What does this mean?  If you or a family member are seriously injured in an accident and your economic loss — again, I am primarily talking about lost wages and medical benefits — exceed the available PIP coverage ($50,000), APIP and OBEL can be triggered to cover your excess expenses.  In addition, as a passenger you may be able to collect against the driver’s APIP and/or OBEL coverage, depending on how the policy is written.

Why is this important? According to the Star Gazette article, at least three of the teens suffered serious injuries and were helicoptered to Strong Memorial Hospital.  A helicopter ride alone generally costs around $2,500, and it is safe to assume the medical bills for these teens could approach $50,000 very quickly.

The passengers first need to determine whether the driver had APIP or OBEL coverage.  If so, it is possible the passengers could be compensated for additional economic loss under the driver’s policy, depending on how it was written.

Next, if the teens’ parents have APIP or OBEL coverage, the teens will likely be considered “Resident Relatives” and will meet the standard to be named an “eligible injured person” under their parents’ polices.  (Important tip — MAKE SURE YOU HAVE APIP AND OBEL NO FAULT COVERAGE.  At Ziff we are willing to review your insurance policy FOR FREE. Just stop in or email us a copy of your policy to info@zifflaw.com.)

3.   LIABILITY COVERAGE– In addition to no-fault coverage, New York State Insurance Law requires all drivers to carry at least $25,000/$50,000  liability coverage.  What does this mean?  It means every driver on the road in New York is required to provide at least $25,000 of coverage to any one injured person for non-economic loss(things like pain and suffering, serious disfigurement and loss of enjoyment of life) because of his negligence.  If more than one person is injured, the total maximum recovery is limited to $50,000 regardless of whether two people are hurt or whether 20 people are hurt.  If there are more than two people hurt, those people would have to split the $50,000 “pie”.

Of course, drivers are permitted to carry — and, in my opinion, SHOULD carry –  much higher liability coverage.  Why is this important?  In an accident such as this — where I am speculating at least eight people sustained serious injuries due to the driver’s negligence — it is possible the maximum amount of liability coverage available to compensate their non-economic losses  is only $50,000, in the event the driver only had a minimum policy.  In other words, unless the driver had enhanced liability coverage, the seriously injured passengers may only have a total pot of $50,000 from which to be compenstated for their non-economic losses.

4.  THE MOST IMPORTANT COVERAGE I HOPE THE PASSENGERS CARRIED– SUPPLEMENTAL UNDERINSURED MOTORIST’S (SUM) COVERAGE– Fortunately, like No Fault, residents may purchase Supplemental Underinsured Motorist Coverage (“SUM”) to avoid the situation described above.  SUM policies of $250,000/$500,000 or $5000,000/$1,000,000 or even higher can be added to almost any insurance policy, and generally cost less than $15.00 PER YEAR.  In my opinion, this is the best money you could spend to make sure you and your family are best protected in the event something really bad happens.

What does this mean?  In the event the driver who caused an accident does not have enough liability protection to fully compensate the people whom he injures, the injured person can trigger his own SUM policy once the full amount of the driver’s policy has been tendered.

Why is this important?  If the Steuben County teens have sustained serious injuries and the driver has a small liability policy, it is likely at least some of the injured teens are not going to be fully compensated for their non-economic losses.   If the teens’ parents have SUM policies, it is possible the teens could meet the “Resident Relative” standard (described above), and trigger their parents’ additional liability coverage.

HOWEVER, New York law is tough in this regard.  In a recent case, the New York Court of appeals held an insured’s SUM policy is NOT triggered unless the amount of the SUM policy is greater greater than the liability policy of the negligent driver, even if the injured party actually collects less than the SUM coverage because of multiple claimants.

Clearly much of this blog post is speculative, but it gets to the heart of some of the most pressing insurance questions.  Bottom line — parents need to protect their families!  Make sure you have adequate No Fault coverage — including APIP and OBEL — and spend the extra dollars each year to buy the biggest SUM policy possible.  Hopefully you will never need it, but if the day comes you will sure be glad you are protected.

I will be following the developing news about this crash and will provide updates as they become available.

Again, bring your insurance policy to Ziff Law at ANY TIME and we will review it for free.  It may be most worthwhile 5 minutes of your entire week!

Thanks for reading,

Christina Bruner Sonsire

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

Here’s the Elmira Star-Gazette article:

Nine teens packed into car are injured in crash

Nine Steuben County teens packed into a small sedan were injured — six of them seriously — in a one-car accident Wednesday morning in Hornellsville.

County Sheriff Joel Ordway said the car, a 2004 Chevrolet Cavalier, was speeding west on county Route 109 when the driver lost control on a sharp curve about a quarter-mile east of Lain Road and drove into a ditch.

The car continued about 135 feet, struck a concrete culvert, became airborne for 25 feet, overturned and landed on its side in a driveway, deputies said.

Ordway said the crash occurred about 2 miles from the underage drinking party, which was a birthday party. He said alcohol and the car’s speed were factors in the accident.

When emergency responders arrived at the scene, they found nine teens “on top of each other” inside the car, Ordway said.

It was not clear where in the car each of the teens was seated before the crash, though Ordway said they were likely “on top of one another” before the crash. Nobody was riding in the trunk, he said.

Ordway said he knows who was driving, but was not ready to release that information Wednesday afternoon because the investigation is still in progress.

“We’re just going to continue with the investigation,” Ordway said. “In the next couple days, we’ll have some charges, not only on the operator, but also on the source … who provided the alcohol prior to” the crash, he said.

Six of the nine teens in the car suffered serious injuries; one of them suffered a life-threatening head injury, Ordway said.

Emily S. Mayorga and Dylan Henry, both 18 and from Canisteo, and Taylear K. Maiello, 17, of Hornell were taken to Strong Memorial Hospital in Rochester by helicopter. All three were listed in guarded condition Wednesday, according to a hospital spokeswoman. Branden S. Mulhollen, 17, of Canisteo, also was taken to Strong for treatment. His medical status was not available Wednesday.

Bethany Jones, 17, and Carleenea L. President, 18, both of Hornell, were taken to Robert Packer Hospital in Sayre. Both were listed in stable condition Wednesday.

Ordway said the car was traveling between 71 and 78 mph at the time of the crash. The speed limit on the road is 55 mph, though the suggested speed on the downhill curve where the car left the road is lower, about 40 mph, he said.

County Road 109 was closed for several hours Wednesday.

The crash is reminiscent of another serious crash involving underage drinking in western Steuben County in 2007.

That September, three teens and a 21-year-old man were killed when a car hit a concrete abutment and went into Sugar Creek off of state Route 248 near Jasper. Police said all four had been drinking alcohol before that crash.

We want to thank the many veterans, and their proud families and friends, who participated in this promotion. I can’t tell you how nice it was to meet these veterans and hear their wonderful stories.

I know it sounds clichéd but it made me very proud to be an American! Below are the photos and stories of the veterans we were proud to honor:

Matt Fogarty (with Attorney Christina Bruner Sonsire)

A lifelong resident of Elmira, a 1994 Graduate of Notre Dame and having obtained his MBA from Kutztown, Matt is a member of the 56th Stryker Brigade/ 19D Cavalry Scout. His tours include Iraq where he was involved in Operation Iraqi Freedom.

Brett York (right, with Attorney Adam Gee)

Brett, a lifelong resident of Elmira, New York and a 1998 graduate of Elmira Southside served in the US Army from 2003-2006. His tours include Korea and Iraq.

John Canestaro – John, an Elmira resident served in the US Army for 20 years at the rank of Sgt. First Class. He served in the 82nd Airborne Division, the 4th Infantry Division, the 25th Infantry Division and the 101st Airborne Division. In 2005, he retired after 20 years of active duty and is a Disabled American Veteran. Today, John serves as a Veterans’ Counsel with the New York State Division of Veterans Affairs.

Heather Klose Capra (with Attorney Jim Reed)

Heather was an Air Force Medic and promoted to Sgt. 1 year out of basic training. She served as a medic during her military career serving at the Kandahar, Afghanistan Hospital where she was a leader on a team of multinational medics providing daily care for the wounded. Heather is a life-long resident of Elmira where she resides with her husband Eric, an Air Force Veteran having served in Kosovo.

Beau Simpson (with Attorney Jim Reed)

A lifelong resident of Chemung County, Beau was home on leave in December from Kabul Afghanistan and able to attend a Jackals game. Beau is an Engineer running convoy and building airstrips in Afghanistan.

Richard Reynolds – Richard, a resident of Elmira Heights, served active duty in the US Navy from 1975-1979. His tours included 2 years in Holy Loch, Scotland and a 6-month Mediterranean tour sailing aboard the USS Holland servicing Subron #13 and Poseidon Class Subs. His second ship tour was on the USS Shenandoah where he served in the weld shop repairing high-pressure steam and fuel lines.

Bob Bly (with Attorney Christina Bruner Sonsire)

Bob, a Horseheads native, served in the US Air Force from 1969-73 as an Avionics Technician working on F4 Phantom Jets. He spent 3 years in England during his enlistment. He continues his military career as a Veterans Benefits Advisor, which he has done for the past 20 years. He graduated from Edison High in 1969 and St. John Fisher College in 1980.

Alan Cecce (with Attorney Adam Gee)

A native of Elmira, Alan was active in the US Navy from 1980 through 1996. During his military career he attended school in FL and MD. He was stationed in Okinawa, Japan, CA, AK, Scotland and TX. Alan resides in Elmira with his family.

Nick Becker – A lifelong resident of Chemung County and a 1996 graduate of Southside High School with early enlistment in the Army National Guard where he served until 2006. Nick served 2 tours in Germany, 1 in Honduras and a 14 month tour in Afghanistan. Nick has also been involved in numerous State activations such as New York City after 911, the Buffalo Ice Storm, the Ice Storm of 1998 and Subway Security in 2002.

Walter Baroody – Walter, a Bath, New York resident served in the US Army from 1972-1975 as an E-5 Specialist and Medic at the Walmac Army Hospital in NC. He was then transferred to Germany where he served for 2 years as a medic in the pediatric clinic of the hospital. Once returning home, he began work at the Bath National Cemetery, having worked through the ranks, he is now the Director of the Bath and Woodlawn National Cemetery’s. Walter has devoted 39 years of dedicated service to our government.

Bradley Hill (shown with Annette Viselli Thorne)

Bradley is a life long resident of Elmira having graduated from EFA. He was a Marine from 2003-2005. While serving, Bradley was a member of Convoy Security and did a tour in Iraq in 2005.

Kim Eveland (shown with Attorney Christina Bruner Sonsire)

Kim, an Elmira resident enlisted in the US Army Reserves just prior to graduation leaving for boot camp on her 18th birthday where she served from 1989 through 1997 as a Sgt. During her enlistment, she was activated for the Gulf War and served nobly stateside. Today, Kim lives in Elmira where she is an account manager at Perry & Carroll. She continues to give back to her community by being an advocate for those less fortunate.

Mark Frampton (shown with Attorney Adam Gee)

Col. Frampton, a lifelong resident of Elmira entered the US Marines in 1979 commissioned as a 2nd Lt. He was further promoted to Major in 93’; Lt. Col. In 97’ and Colonel in 03’. Col Frampton served as a construction/engineering consultant; asst. deputy director for strategic training team, base commander, and President of two separate promotion boards.

Col. Frampton has served in Okinawa, Parris Island, Camp LeJeune, Desert Storm where his company captured and processed over 800 enemy POW’s without incident, Quantico and Iraq. For his efforts in Iraq, he was awarded the Navy and Marine Corp Commendation Medal. Col. Frampton recently spent the past 5 months on Active Duty at Quantico, reprising his roles as a construction/engineering consultant. He officially retired on January 1, 2010 after 30 years of service. Col. Frampton returned to his hometown with his wife and 3 children to operate Frampton Construction while pursuing the ownership and construction of a sports dome in the greater Elmira area.

Bill Pint (shown with Attorney Jim Reed)

Bill, a resident of Horseheads, New York served in the US Navy from 1960-66 as an Airman/Plane Captain servicing airplanes during the Cuban Crisis and Vietnam Era. In 1980, he re-entered the military in the Army Reserves where he served until 1994. While in the reserves, he was a Drill Sgt. Serving active duty in Desert Shield/Desert Storm in 1991 and training troops at Ft. Wood for deployment to Saudi Arabia.

Jessica Plummer and Attorney Jim Reed

Jessica, an Elmira native is a Cadet Captain and currently serves alongside the US Air Force as a member of the Civil Air Patrol who assists with all needs of the Air Force. The Civil Air Patrol is recognized throughout the US and currently has more than 50 wings. In January 2009, Jessica was involved in the recovery of the plan disaster on the Hudson River. Jessica is very proud to be a member of the Civil Air Patrol and serving her country.

Carlyle Sherman and Annette Viselli Thorne

A Valley native, Carlyle served in the US Army from 1960 through 1962 at the rank of a Tech 4 and as a demolition specialist. Lyle served state side training soldiers for various tours of duty.

Dave Hansen and Attorney Jim Reed

Dave served in the US Air Force at the rank of Airman E-4. He was stationed at George Air Force Base in CA and served as an Aerospace Ground Equipment Mechanic repairing all aircraft support equipment. Dave’s tours of duty include Desert Storm from August 1990 through June 1991. Dave owns Dave Hansen Plumbing, Elmira.

Darryl Mickley and Attorney Adam Gee

Darryl served in the US Army from 1981 through 1991 as a Sgt. From 1981-83 he served with Combat Support Company 3rd Battalion 6th Infantry in Berlin West Germany; from 1983-86 he served with Combat Support Company 1st Battalion 58th Infantry at Ft. Benning, GA; from 1986-1989 he served with Headquarters in West Germany; from 1989-1991 he served with Alpha Battery 21st Field Artillery in Ft. Hood, Texas; in 1990 he was deployed to Saudi Arabia for Desert Shield and in 1991 he participated in Desert Storm with the liberation of Kuwait. A decorated Veteran, Darryl has been honored with many awards including Army Commendation Medal, Good Conduct Medal and Expert infantrymen’s Badge.

Andrew Hamilton and Attorney Adam Gee

Andrew entered the US Army in August, 1993. He served in the 1st Armored Division in Germany. He was deployed to Bosnia with NATO forces for 1 yr. in support of Operation Joint Endeavor. In 1998 Andrew left active duty for National Guard service in NY. On 9/12/01 he was deployed to NYC to support recovery in the grim aftermath of the attack on the Twin Towers. In 2003, he was deployed to Iraq with the 1st Infantry Division for 1 year in support of Operation Iraqi Freedom. Andrew is now teaching English at Corning West High School

Andy Gessick

Andy, a 20-year Veteran served as a Tech Sgt. For the United States Air Force with duties in Jordan, Spain and Germany. While stationed at Shaw Air Force Base, SC with the 363 Tac Fighter Wing, the Fighting Falcons, he participated in Operation Desert Shield/Desert Storm as a Weapons Loading Crew Chief supervising the loading of bombs and missiles on F-16 Fighter Aircraft. For this action, Andy was awarded the Air Force Meritorious Serve Medal, South East Asia Service Medal with 2 Bronze Stars and the Kuwait Liberation Medal for this action.

Thomas Walker

Thomas completed a 20-year career with the US Navy in 2006 serving as a Navy Counselor First Class. Since his retirement, he has become the Veterans Education Benefits Assistant at Mansfield University as well as a student there attending graduate school in the Masters of Arts in Organizational Leadership Program.

George Collins – George joined the Army National Guard in 199 and was trained as a tank mechanic. He has served with Charlie Company 3rd of the 103rd Armor Regiment since his entrance. In January, 2005, George was activated and spent six months in combat training at Camp Shelby, Mississippi. He was then deployed to Iraq where he spent 1 year attached to the 1st of the 100th Headquarters Company where he continued as a tank mechanic. George is still active in the Army National Guard and he resides in PA with his wife and two daughters.

Andy McMinds

Having just completed his military career on March 1st, 2010, Andy was a Petty Officer 2nd class in the United States Navy. During his enlistment, Andy served as an Intelligence Specialist for Naval Criminal Investigations Service. His tours of duty included South Korea, Japan, Hong Kong and Headquarters NCIS in Washington, DC. Andy was awarded numerous awards and medals to include the Surface Warfare insignia and the Meritorious Unit Accommodation

DeeJay Swain – A 2001 graduate of Elkland High School, he joined the Marine Corp Reserves in 2002 and served through 2006. In 2006 he joined the PA Army National Guard. During his military career his tours included Africa in 2005 for Anti-Terrorism/Force Protection where he guarded Camp Lemonier and conducted Force Protection where he guarded Camp Lemonier and conducted anti- terrorism missions. In 2007 while with the Guard, he was deployed to Afghanistan with Provincial Reconstruction Team where he assisted the local government with humanitarian aid missions. He now resides in PA with his wife and two children.

Ryan Rice

Ryan enlisted in the US Navy in 2004 participating in the DEP Recruit Program his senior year in high school. He left for boot camp in July, 2005 and from there was stationed in Pensacola and Keesler Air Force Base where he assisted in the clean up and rebuilding after Hurricane Katrina. Ryan achieved the Rank of Petty Officer Third Class during his 4 year enlistment.

Jeffrey Beck

Staff Sgt. Beck enlisted in the US Army in 1989 as an M-1 Tank Crewman. He served 4 years active duty with tours in KY, Korea and TX. In 1994, Jeffrey re-enlisted into the PA Army National Guard with Charlie Company, 3rd Battalion 103 Armored Regiment. In 2002, he was deployed to Germany in support of Operation Enduring Freedom and in 2005 to Iraq in support of Operation Iraqi Freedom. He is currently the fill-time training NCO for Charlie Company with a total of 19 years of military service.

George Campbell (with Jim Reed)

George graduated from Spencer High School in 1993 and joined the Army in 1994. He graduated from Basic training with a specialty training as an Apache Attack helicopter crew chief. George was stationed in such places as Korea, Germany, Colorado Springs. He was deployed to Bosnia in 2000 on a peace-keeping mission and to Iraq on 2 separate deployments for a total of 2 years and was involved in Operation Iraqi Freedom. George resides locally with his family and is employed at Schweitzer Aircraft.

Thanks for reading,

Jim
_________________________________________

James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com
E-mail me at FreeReports@zifflaw.com for two free books:
NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

We wanted to come up with a program that would show some of our appreciation for the bravery local veterans have shown and the sacrifices they have made in the service of our country.

Veteran of the Game will give four tickets to a local veteran for each Elmira Jackals home game the rest of the season. In addition to a great view of the game for the veteran and his or her guests, the honoree will be featured in a special announcement at the beginning of the game.

Star-Gazette columnist and veteran Roger Neumann recently wrote about our effort in his Roger That blog post “Ziff Law Firm will honor veterans at Jackals’ games.” Thanks, Roger!

YOU CAN HELP us make Veteran of the Game a successful program! We need your nominations of area veterans. To nominate a veteran for this special recognition, just contact us (by e-mail or through our website are the best and quickest means). Visit www.zifflaw.com/veterans, e-mail veterans@zifflaw.com or call (800) ZIFFLAW (943−3529).

Veterans of the Game – so far

Two area veterans have already received Jackals tickets through our plan. The Ziff Law Firm was honored to recognize Brett York and Matthew Fogarty.

Adam Gee and Brett York.

Brett is a member of the National Guard Reserves, which he joined in February 2008.

Christina Sonsire and Matt Fogarty.

Matt is currently a member of the Pennsylvania Army National Guard.

He plans to live in the Elmira area until January, when he will begin pursuing an MBA degree at Kutztown University of Pennsylvania.

We are very thankful to Brett, Matt, and all of the veterans who have served our nation so bravely! And with your help and nominations, we hope to extend our thanks – and hockey tickets – to additional local veterans.

Thanks for reading,

Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com
E-mail me at FreeReports@zifflaw.com for two free books:

NY Car Accidents and NY Car Insurance Secrets YOU Need to Know.

At long, long, last. A new documentary may reveal the TRUTH about a tragic case. One personal injury case in the early ’90s has been held up as the epitome of a “frivolous” lawsuit. In 1992, 79-year-old Stella Liebeck was severely burned by spilling a cup of McDonald’s coffee onto her lap.

After a long struggle with the McDonald’s legal forces, Stella was awarded $2.9 million in damages by a New Mexico jury. The story became a national lightning rod for controversy over personal responsibility and bogus litigation. Poor injured Stella was lampooned for stupidity, clumsiness and greed. The term “Stella Award” was even coined to refer to any lawsuit or victim award viewed as preposterous.

New documentary presents radically different view of coffee case

“Hot Coffee,” slated to be released in 2011 according to IMDB.com, returns to the principals in the case to find out the REAL details. In many of the most important, basic details, Stella’s hot coffee case was very different from what was reported in the media.

One thing that is mentioned in the trailer (check it out above) that is not usually emphasized is the fact that the courts drastically reduced the jury’s verdict. Despite that reduction, the tort reformers NEVER mention that fact and ALWAYS refer to this as the multi-million dollar McDonald’s case! Very dishonest.

Also in the brief trailer you can see participants reflecting on the case and the amount of disinformation that was spread. The reason, suggested by some experts: McDonald’s objective to embarrass Stella Liebeck, ridicule her legitimate claim and foster a public climate in which injured claimants were reluctant to press for justice.

Thanks to the filmmakers for all their hard work on this important story. Hopefully it will change the reigning public opinion about Stella Liebeck’s intentions and claims.

Thanks for reading,

Jim
________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

That is always a tough question to answer as every case is totally different. I have had many cases settle within a few months and I had one medical malpractice case take almost 7 full years (granted, that was a case I wanted to take a long time because it involved an injured baby and we knew we would not be able to know the full outcome of her injuries until she was 4-5 years old).

Cases of multiple injuries, the value of which clearly exceed the limits of the defendant’s insurance coverage, can often be settled in months.

The majority of my cases fall in the 2+/- year range.

In most cases the entire first year is devoted to performing the initial case investigation and then waiting to see the outcome of my client’s injuries. The single most important factor in determining the ultimate value of any personal injury case is the extent to which the injured party has suffered a “permanent” injury — an injury you will live with for the rest of your life.

Doctors need time to make determination

Because “permanency” is such an important factor, I am usually reluctant to undertake any serious settlement negotiations until I have obtained a “permanency opinion” from my client’s treating doctor. A permanency opinion is simply a letter from a doctor, to the effect of “it is my opinion, within a reasonable degree of medical certainty, that my patient has suffered the following permanent injuries and limitations as a result of the collision: permanent limp, decreased range of motion in the right hip and leg, permanent surgical scar, etc.”

Most doctors are unwilling to provide a permanency opinion until their patient’s condition has “stabilized” – the patient is not getting better nor getting worse and “what you see is what you’ve got”. Most doctors use one year post-injury as the general rule of thumb for determining permanency and accordingly most of the time I am waiting until one year post-injury to request this very important permanency opinion letter.

Finding a balanced pace to proceed

Please appreciate that these are general time frames only and it is ALWAYS my goal to resolve cases as quickly as possible. As I always tell my clients: “I don’t get paid until you get paid, and with three college-bound teens, you can be sure I am not going to drag my feet on your case!”

With that said, I always caution my client’s that it can be HUGE mistake to try to rush your case because “you only get one bite at the apple” meaning that once you settle your case, it is settled ALWAYS AND FOREVER, so you better make as sure as possible that you know the full extent of your permanent limitations BEFORE you settle your case.

Finally, I also urge clients to NOT try to rush their cases because if the insurance company gets one whiff of the fact that you are eager to settle, it is the kiss of death and the insurance company will exploit your eagerness by low-balling their settlement offer in your case. This is a very common tactic that many insurance companies are using to take advantage of unrepresented people — they waive $500, $1,000, $3,000 of “quick settlement” money under a person’s nose with the hope that that person will quickly sign off on a case worth 10 times, 50 times, 100 times, more… The key is to resist the temptation of quick money to ensure that you get every penny to which you are entitled.

Sorry for this long-winded explanation but I think it is important for people to understand why taking the time to CORRECTLY pursue your case is so important. If you have any questions about this issue, feel free to let me know and I will be happy to explain further.

Thanks,
Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866 Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

According to the Elmira Star Gazette, health officials from Chemung County conferenced with New York State Health Department representatives this morning as they continue to test water at Elmira’s Edward Flannery Towers. In addition, Chemung County officials conformed two additional cases of Legionnaires’ disease, bringing the reported total number of cases to eight.

Ziff Law continues to be contacted by families affected by the outbreak. We have been working dilligently all weekend to launch an independent investigation, and are working hard to gather all of the facts about the cases. We will share more information with the public as soon as we are able to do so.

Thanks for reading,

Christina Bruner Sonsire, Esq. csonsire@zifflaw.com 607-733-8866

Shortly after I joined Ziff Law, Jim Reed, the firm’s managing partner (and frequent poster on this blog,) told me to sign myself up for the two-week National Session on Building Trial Skills offered by the National Institute for Trial Advocacy (NITA). “And by the way,” he remarked, “the program is located just outside Boulder, Colorado.”

‘Nuff said. As a former resident of Denver and Missoula, Montana, I am a true lover of the mountains and was ecstatic about the chance to spend some time savoring mountain life. Oh, NITA looked pretty cool as well.

I had no idea at the time that I was about to embark upon a career changing — if not life changing — voyage. Seriously. Two weeks at NITA equaled, for me and I suspect most of my classmates, at least five years of real world trial experience. Unfortunately, as most practitioners recognize, cases are not tried nearly as often today as they were fifty years ago. Increased pressures to settle matters quickly or engage in Alternative Dispute Resolution — such as mediation or arbitration — has created a professional atmosphere in which young attorneys wait years or even decades before ever getting a chance to see a case through to verdict. (The one notable exception is in the area of criminal law, where cases are tried on a somewhat more frequent basis.) (Watch an interview with The Honorable Jim R. Carrigan, one if NITA’s founders.)

I was fortunate to have tried a number of cases as a prosecutor before participating in NITA’s National Session. However, the skills and confidence I gained from NITA are unparalleled. I had an opportunity to test myself against some of the best up-and-coming attorneys in the country — and even the world! The faculty was comprised of seasoned practioners with practical, focused advice on how to become the very best trial lawyer possible, and the lecturers offered insight into cutting edge legal trends and technology emerging from all ends of the globe. (Read NITA’s Blog.)

The session itself was broken down into two mini week-long programs, each culminating with full jury trials performed in front of live mock jurors. Throughout the entire two week period the group of almost ninety participants was broken into three smaller groups, and each group was assigned a team leader and assistant. I had the absolute pleasure of working in a group lead by Temple University’s Beasley School of Law Professor Lou Natali and White Collar Criminal Defense Attorney Hayes Hunt of Cozen O’Connor. Attorneys Natali and Hunt are both no-nonsense, savvy litigators with seemingly endless knowledge and wisdom to share.

Each day of the first week began with warm-up execises led by communications specialist Brian Johnson. These were some of my favorite segments of the entire session. Brian is not a lawyer, but has been teaching lawyers to speak like REAL PEOPLE for the past thirty years. Brian spent an nearly an entire two hour lecture one afternoon teaching us what to do with our hands. Our hands. Where should we place them when asking questions on direct examination? What should we do with them while arguing during summation? What about our feet? Our voice inflection? How can we best use our core muscles to project strength? How to we best appear powerful?

The session focused greatly on critique — from the instructors, our peers, and, ultimately, ourselves. Every day at NITA was game day, and it was crucial to come prepared and ready to perform. Our presentations of various stages of trial — voir dire through summation — were videotaped and reviewed by a rotating crew of instructors, none of whom were afraid or hesitant to tell us EXACTLY what needed to change.

The results were stunning. I was assigned to try my first NITA case with Sydwell Shangisa, an advocate from South Africa who practices criminal prosecution. (Read about one of Shangisa’s recent verdicts,) the second case with Tomas Rodriquez, the Marshalltown, Iowa public defender. NITA invited dozens of local residents to sit in on the trial, and set up closed captioned television monitors which allowed us to watch the jury deliberate. Both cases were document intensive — giving me an opportunity practice using PowerPoint throughout in order to publish exhibits to the jury.

The bottom line is NITA is a must for all practitioners. Period. NITA’s philosophy is fairly straightforward — communicate simply, be entertaining and take risks. The results for me were nothings short of stunning. Two days after returning I began my first civil trial. It lasted eight days, and though 10 witnesses were called and over hundred exhibits admitted, it only took the jury nine minutes to return a verdict — in our favor. But that, I am afraid, is a topic for another post…

Thanks for reading!!

Christina Bruner Sonsire, Esq.

Legionnaires' Outbreak at the Flannery Towers

The Elmira Star Gazette is reporting a possible outbreak of Legionnaires Disease at the Ed Flannery Towers senior housing complex in the City of Elmira. Legionnaires’ Disease is a type of pneumonia caused by Legionella, a bacterium found primarily in warm water environments. The United States’ Centers for Disease Control and Prevention descibes the symptoms of Legionnaires’ Disease — such as high fever, chills, coughing, muscle aches and headaches — as being similar to many other forms of pneumonia, making it difficult to diagnose at first. The CDC states Legionnaires’ Disease is a very serious illness and causes death in up to 30% of cases. The good news is many cases of Legionnaires’ Disease can be treated successfully — if diagnosed early and properly treated.

According to the Star Gazette, the Chemung County and New York State Health Departments are investigating the outbreak, but have not yet determined the number of people potentially affected by the disease.

Thanks for reading,

Christina Bruner Sonsire, Esq.