According to a recent study by Federal Health officials, only minimal penalties are assessed to organizations that have been repeatedly cited for nursing home abuse of their patients. Congress has established strict standards for nursing homes as far back as 1987, and both Presidents Clinton and Bush, along with the nursing home industry have announced many initiatives to improve nursing home care.

However, The New York Times reports that Congressional Investigators, an investigative arm of Congress, has commented that “Some of these homes repeatedly harmed residents over a six-year period and yet remain in the Medicare and Medicaid programs.” Further, the report illuminated the fact that because of the ‘slap on the wrist’ penalty mentality, some nursing homes cycle ‘in and out of compliance’ with federal standards and such nursing homes present a continued threat to the health and safety of their patients.

The report went on to indicate that the accountability office under the Bush administration rarely uses its authority to deny payment to homes with a history of compliance problems. Fines are typically far less than the maximum $10,000 a day according to the report. Apparently, the Bush administration prefers to impose lighter fines fearing that imposing the $10,000 maximum penalty may force some nursing homes into bankruptcy. Instead, those facilities guilty of nursing home neglect are given a grace period.

A crane that was working on a high rise under construction at 333 E. 91st St., collapsed this morning, killing at least 2 people, one of them a construction worker. The collapse of this enormous crane came only 2 ½ months after another crane collapse accident that killed seven people about two miles south of this location.

The building under construction was the Azure, a high-rise complex at 333 East 91st Street. A stop work order issued for the site earlier this month was fully rescinded yesterday morning, records show. Since construction had been sped up in November, the site has been the subject of 23 complaints to the Department of Buildings, records show.

Mayor Bloomberg commented on the situation, explaining that safety, not speed, was the most important issue in construction citywide.

“I don’t need any developer or union leader or anybody else telling me about the consequences of slowing things down,” Bloomberg said. “Nobody wants the economy to grow more than me, but we’re not going to kill people.”

We offer our condolences to the families of those affected by this tragedy. As more time passes and investigations are completed by the city it will become more clear as to the exact cause of this horrible construction accident. One thing is for certain, something must be done about the rash of construction related injuries in our city.

Our New York construction accident lawyers only represent individuals who are injured by negligence; injured in workplace accidents or by faulty products, equipment or machinery; or through the negligent maintenance of property. The firm has achieved great success in these specialties which are all bound together by a common thread: an individual has suffered serious physical or emotional injury.

If you or a loved one has been injured in a construction accident contact the New York Construction Accident Attorneys at Wingate, Russotti & Shapiro.

According to the New York Times, Kevin Kelly, 25, of Bayside, Queens, died after falling several stories when a safety strap intended to connect him to the building on which he was working failed. Kelly was installing windows at a condominium tower that was under construction when he fell from the 23rd floor to a 14th floor balcony at about 10:30 A.M., on April 14th.

Patricia J. Lancaster, the city’s commissioner of buildings, said that Mr. Kelly’s construction fall accident remained under investigation. A full safety inspection is under way by building and forensic engineers, and a full stop work order is in force. Ms. Lancaster reported that, “a failure of the safety strap connecting the worker to the concrete ceiling played a role.” Late Monday, the Buildings Department said the entire strap had pulled out of its steel and concrete mooring, and remained attached to his harness when he fell.

According to Ms. Lancaster the Buildings Department will investigate, “the method the crews used to install safety straps throughout the building”. During a visit to the site, Ms. Lancaster further commented, “We will be holding the individuals responsible for this terrible tragedy accountable,”-“Construction companies, owners, architects and engineers have to obey the law.”

Several foam manufactures have agreed to settle for $30 million with families of victims of a 2003 Rhode Island nightclub fire that killed 100 people and injured 200, an article in Newsday reported. Egg-crate-style foam on the walls and ceiling of the club has been blamed for fueling the fire, which was sparked by a fireworks display for a rock band at the club.

The lawsuits allege that the defective product that was sold did not have any flame retardant chemicals and produced “unreasonably dangerous toxic smoke and gases” when ignited. The lawsuits also said that the foam was sold even after the manufacturers knew that polyurethane foam was known in the industry as being flammable and not safe in places such as hotels and nightclubs. Plaintiffs’ attorneys also alleged that the foam companies did not test their foam before selling it and did not create awareness among users or warn them adequately about the hazardous material.

The settlements now total to more than $100 million. The most recent settlements must be approved by hundreds of victims who have sued the foam companies for the defective products as well as a federal judge who is overseeing the case. A law professor from Duke University has also been appointed to meet with survivors and victims’ families to determine how much compensation each would receive under the settlements. Those amounts will depend on the extent of the burn injuries and loss suffered by each of the victims and their families.

A 9-year-old Brooklyn boy suffered critical auto accident injuries after he was struck by a teenage hit-and-run driver, who reportedly turned himself in to authorities later, according to a news report in The New York Times. Akeem Suluki suffered brain injuries and lung injuries and was transported to Kings County Hospital Center, the Times reported. Akeem was reportedly walking home from school and was walking along Macon Street close to his home when the tragic accident occurred.

After hitting the boy, 16-year-old Shyquan Burns drove away, but later turned himself in to police, the article said. The teenager was arrested and charged with driving without a license and with leaving the scene of an accident. The teenager in this case did the right thing by surrendering to authorities although he initially panicked and fled the scene of the new york auto accident.

It is indeed a horrible tragedy for the family of the young boy who has suffered traumatic brain injuries as a result of this auto accident. The teenager obviously did not have the training to drive. He had no license and could not control the vehicle. It would be interesting to find out if he was allowed by his parents or guardians to drive or whether he took a vehicle without the permission or knowledge of his parents or guardians. That will determine to a great degree as to who will be held responsible for Akeem’s severe injuries.

Six people were injured, including the driver of a Nissan Altima that jumped a curb-hitting a fire hydrant and a coffee cart- then pinning a man against a railing on the steps of the New York State Supreme Court-popularly known as the courthouse in the opening scenes of Law & Order. Rescue workers were required to cut through the railing where the 32 year-old injured man was pinned. Among the six injured, some unnamed by police, was the driver of the Nissan; his passenger; a coffee vendor and the man pinned under the railing. Two pedestrians were also injured in the auto accident on the steps of the New York State Supreme Court, according to the New York Times story.

According to one witness, 45 year-old Shawn Dunn, a Sanitation Department worker, on his way to a substation said that the driver was coming ‘pretty quick’ and the scene was very ‘chaotic’.

Lorenzo Bello, of Queens, the 33 year-old driver of the Nissan, was arrested and charged with reckless endangerment and driving with a suspended license and then taken to a hospital where he was listed in stable condition after the New York car accident.

A Broadway actor, who suffered severe injuries as the result of a slip and fall that occurred after he fell onstage during a production of “The Little Mermaid,” has asked for a court order to preserve a stage prop in connection with a lawsuit he is planning to file. According to an Associated Press news report , 51-year-old Adrian Bailey filed the petition in Manhattan’s state Supreme Court to preserve the stage prop, a boat, so attorneys and consultants may examine it.

The actor reportedly fell through an open trap door at the bottom of the boat and fell down to the stage at the Lunt-Fontanne Theater. He reportedly plummeted 30 to 40 feet and suffered severe injuries and fractures to his wrists, back, sternum, ribs, foot and pelvis. He has already undergone four surgeries and his new york premises liability attorneys say he came pretty close to breaking every bone in his body.

If and when a lawsuit is filed, Disney Theatrical Productions, the musical’s producer, will be one of the defendants. Theater company officials say they are looking into what went wrong with the prop and declined to comment to the Associated Press.

One person died and seven people suffered injuries in a Harlem auto accident after an out-of-control Chevy Astro van jumped a curb and rammed into people on a sidewalk. The van’s driver, who has not been identified, died in this auto accident, six people suffered serious injuries and one 3-year-old who was pinned under the vehicle suffered critical injuries, according to a news report on WCBS-TV.

The Astro van reportedly took a sharp turn into a sidewalk on the busy corner of East 125th Street. Eyewitnesses told reporters that the driver appeared to have passed out in the vehicle. Officials are looking at whether a medical condition may have caused the driver to lose control of the vehicle. There is no indication whether alcohol or drugs may have played a part in this fatal New York auto accident. Officials also told the New York Times that no other vehicles forced the van on to the curb.

A story in The New York Times illustrates that no one is sheltered from the tragedies and near tragedies of life. New Jersey’s Governor, Jon S. Corzine, shared with his safety task force, and at a news conference, how his family has been personally touched by teenage New York traffic accidents, indicating that all three of his children, at one point or another, had been a traffic statistic - one having been seriously injured. Governor Corzine commented, “The numbers are real, and they were in my household.”

In fact, while discussing new and more comprehensive legislation regarding teenaged drivers, Governor Corzine embraced his task forces’ recommendations to improve safety for teenage drivers in New Jersey. Governor Corzine remarked, “This is one of the good moments when it’s great to be involved with government.”

The task force, in its 54 page report to the Governor, made several recommendations, including the possibility of creating a brightly colored decal to be placed on the cars of teenage drivers that would not only help enforcement of the traffic laws by the police, but would also alert other drivers to exercise more caution in the presence of these new drivers. This suggestion will require not only new legislation but an investigation into the costs, details and safeguards of such a program.

Three people died in a Long Island tractor trailer accident after their Ford Escort rammed into the back of a big rig parked on a residential street, The New York Times reports. According to the news report, the truck driver was asleep inside the stationary vehicle when the 1995 Ford Escort hit the tractor trailer and ended up almost entirely underneath the truck.

The three people who suffered fatal injuries in the crash were the driver, Araceli Carpenter, 19, of East Patchogue; and passengers Stephen Nowakowski, 25, of Ronkonkoma and Meagan Ferraro, 17, of Islip. Officials reportedly issued 15 citations to the truck driver, 29-year-old Charles Howard of North Carolina, but said that he was parked legally on the residential street and that the driver of the Escort was not speeding. Neighbors however told the newspaper that other truck drivers often park illegally on their street causing danger to other passenger vehicles.

This is a tragic yet typical case of a tractor trailer underride accident where a passenger vehicle, usually the front of the passenger vehicle, enters below the base of the trailer of a large truck. This type of “underride” happens most often with smaller passenger cars and less with sport utility vehicles or pick-up trucks. These types of New York truck accidents often result in catastrophic or fatal injuries.

After yet another malfunction on the New Jersey Transit system where a door opened while the train was moving and passengers were inches away from falling to the tracks below, a rail industry consultant wondered out loud whether New Jersey Transit might be cutting corners on safety and maintenance in its attempt to keep up with record demand.

Several passengers were frightened when the doors opened while the train was moving along the tracks, and Lauren Papapietra, a 21 year-old senior at Monmouth University who works at a public relations firm in Manhattan described the near train accident, “I was scared to death. I kind of trust New Jersey Transit to get me back and forth, and I really hope this doesn’t happen again.” While riders are routinely advised not to stand between cars they sometimes feel the need to do so during rush hour where there is standing room only.

Patrick Reilly, chairman of the United Transportation Union, local 60, which represents the New Jersey Transit’s conductors indicated that the railroad is more interested in keeping ‘on time’ schedules, not safety, and that cars needing maintenance are being put into service instead of staying in the yard and being fixed.

The Federal Railroad Administration does not request information from commuter railroads on reports of doors opening while the train is in motion. Further, the American Public Transportation Association, an industry group who keeps statistics of railroad accident incidents also does not request reports of doors opening.

In a tragic example of the dangers of our city’s highways, a 27-year old Queens woman was killed in a NY Auto Accident on Saturday, April 19th when the car she was driving and a fire engine collided at an intersection in South Jamaica, according to an article published in the New York Times.

The accident took place during daylight hours, at approximately 9:45a.m. and the woman was driving a 1995 Nissan southbound on 155th St. The fire engine was traveling westbound on 111th Ave. with its lights and sirens on as it responded to a fire, according to police. Five firefighters were taken to the hospital after the collision with serious but not life-threatening injuries.

Every New York Car Accident has unique circumstances. In this instance, the parties involved in the crash add to the prospects of possible liability. The questions an attorney asks in instances where a municipal vehicle is involved in an accident differ from those they would ask if it were two civilian autos that were involved. Only an experienced NY Auto Accident attorney, like the ones at Wingate, Russotti & Shapiro have the experience to analyze the facts of the accident and ask the proper questions about cause and liability.

In a natural escalation of the recent spike in fatal NY construction accidents and administrative miscues, Patricia J. Lancaster, New York City’s first female building commissioner, resigned on Tuesday, April 22nd. She becomes the first commissioner to leave the Bloomberg administration under a cloud of public controversy. The move comes as Lancaster faced escalating pressure from City Hall and growing criticism from the media and public at large after a series of administrative blunders.

The proverbial “final straw” may have come after an appearance at a City Council hearing when she admitted that the department had mistakenly issued permits for the East Side building where a crane collapsed last month, killing seven people and injuring 24 others. According to the article, Ms. Lancaster’s performance before the council “not only cast unwanted light on her department’s bureaucratic failings” and the recent rash of construction accidents, but “also drew attention to her awkward public manner and unclear explanations that diminished her credibility”.

It has been one thing after another since the Deutsch Bank Building was severely damaged and contaminated after the terrorist acts of September 11, 2001. The New York Times reports that the troubled building has passed through a few owners and, most recently, last August 18th two firefighters were killed and two others hurt while fighting a blaze in the building. Just this week a family member of one of the dead firefighters filed suit against a government agency the sister claims created the dangerous conditions at the construction site that caused her brother’s death. Robert Beddia, 53 died as a result of toxic smoke created by the fire. Apparently, the fire was a result of a discarded cigarette on the 17th floor, and while an investigation is ongoing there are serious questions about a malfunctioning standpipe that made it impossible to bring water up above the fifth floor. The second firefighter, Joseph Graffagnino, 33, died as a direct result of the broken standpipe in the basement because it could not deliver water to the fire.

At a news conference last August, Mayor Michael Bloomberg indicated that three senior
fire officials had been relieved of their command as the investigation into the fatal fire continues. Mayor Bloomberg further commented that the local firehouse had conducted none of the required inspections of the bank building since 2006, even though it was on the edge of ground zero.

Proof positive that the dangerous nature of crane accidents are not reserved for New York alone, a seven-ton section of crane fell 30 stories in Miami recently, killing two workers and injuring 5 others. Fire and rescue officials said the collapse occurred about 1:45pm as a construction crew tried to lengthen the crane for work on a 46-story luxury high-rise overlooking Biscayne Bay. The 20 foot section dangled before dropping through the roof of the home contractors used as an office.

This crane collapse may appear eerily similar to the collapse that occurred in New York, but upon closer inspection, there are some major differences. While the cause of the collapse had not been determined, the circumstances in New York were unique, where a six-ton steel collar meant to help hold the crane in place broke free and plummeted from 18 stories high, leading the entire crane to detach from the building and fall toward the ground, with one section landing on a town house. In the Miami instance, a large 20-foot section of the crane itself weighing seven tons fell through the Spanish style home in Miami.