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Medication Said To Treat Type-2 Diabetes Lead To Severe Complications
Oct 2018
by Paula Pinto

Invokana has been a risk factor for those suffering from type-2 Diabetes. Gruesome side effects of the drug has resulted in foot amputations due to ulcers and swelling of the limbs.

How’s it that a drug that has been manufactured to help diabetes sufferers actually causing them greater distress? It’s a harsh reality that many are living with.  

A recent case by someone who had their foot amputated stated that Johnson&Johnson has neglected to warm him of the risk of this happening. The  plaintiff is one of many patients that is suing for having to have their foot amputated because of Invokana.

The well known drug is popular among those with type-2 diabetes because it is supposed to alert the kidney to rid high levels of blood sugar through urination. This keeps the patients blood from becoming too acidic so that it doesn’t progress into fatal kidney damage and diabetic ketoacidosis.

With the promise of Invokana controlling high levels of blood sugar in the body many patients were eager to take it. However, shortly after starting the plaintiff developed a foot infection from diabetes that led to sepsis and gangrene in his foot. Sadly, he had to have his foot amputated.

Due to these complications, type-2 diabetes patients can develop ulcers and severe fluid retention in their lower limbs and makes them vulnerable to infections. Lower limb amputation is sometimes the only viable treatment option to treat these problems, which permanently impacts the patient’s life. He also had serious kidney problems and declining health.

In May of 2017 the FDA stated that canagliflozon medications such as Invokana can heighten the risk of lower extremity amputations. The news was released following many injury reports and are trying to see if the medication doesn’t work or if some patients were unresponsive to it.

Even though the risk of lower limb amputation is awful, Johnson & Johnson didn’t provide a warning on Invokana’s label. The plaintiff said that he would not have taken Invokana if he knew about the severe risks there was. He may have not been an amputee today.

Settlements for financial compensation have been as high as $500,000 for those who have had a foot amputation due to Invokana.  However, it is important to let others know who might not be aware of the risks that have been associated with this drug. Many are still taking the drug without knowledge of the serious affects it has potentially caused.

If you have suffered from any of the ailments posted above of have had to have an amputation after taking Invokana you should contact a lawyer. Prakhin Law Office is here to assist you. Please contact us at 877-245-0135.

Riding Your Bike or Driving A Car- Put Safety First
Oct 2018
by Yuriy Prakhin

Bicycle riding is extremely common in the United States, especially in big cities where parking is tough and there’s no competition for a spot for your bike. It’s not unlikely that if you take a look during your morning commute you’ll see business men and women peddling to work. Also, there’s been a great emphasis on better caring for our bodies and the benefits of a healthy lifestyle. Incorporating exercise into our daily routine has meant bike riding for many. Millennials often ride their bike to and from college, to the beach, to meet up with friends etc.

In North Carolina there was a study that showed how those who rode bicycles were eight times more likely to be killed by a car than those in Oregon. The states that have built bike lanes have made commuting by bike to be so much safer. Some states spend as much as 5% of their transportation budget on bike lanes and pedestrian walkways. North Carolina doesn’t a fraction of that on it. Therefore those riding bikes continue to suffer from accidents. While there are new laws to protect bikers, there has to be a focus on safer places for them to ride.  

If safety isn’t placed on the cyclists in some states than we ought to provide information that’s beneficial to them. This advice may seem like common sense but it should be applied.

If you’re riding a bike be sure to wear a helmet. There’s no reason for your head to be uncovered and unprotected. Brain injuries can be fatal or extremely life altering. Be sure to follow the rules when riding your bike as far as where you can and can’t ride. Don’t compete with traveling on a path where construction work is done merely because there isn’t a sign that says “caution.” Cameras on bicycle helmets are common these days. The camera can help reveal what happened if there is an accident and by doing so it helps you to win a case if injured.
Nevertheless, drivers can’t feel totally responsible for some accidents. It isn’t always the driver that is at fault although that doesn’t make the occurrence of what happened any easier. There are people who ride bikes and don’t follow any the rules regarding them. If the person riding the bike chooses to be reckless and collides with your car, the biker can be liable for the damage. Yes, a biker can be responsible for the damage it causes a car even if they were struck by it. Bikers must consider the safety of others as well. Both someone riding a bike and someone driving a car are supposed to follow the law and if one breaks it, that is who is at fault.

If you have been in an accident while riding a bike or if were a driver that was in a accident due to someone recklessly bike riding please contact the Yuriy Prakhin Law office at 877-245-0135.

The Dangers That Arise For Construction Workers
Oct 2018
by Yuriy Prakhin

Many construction workers in New York have faced injuries due to negligence. As much as it seems there’s a move to make their working conditions safe- we still hear of quite common accidents.

If a construction worker is injured on the job they are eligible for workers’ compensation. However, the funds received form it are not enough to treat serious injuries that occur. Also, construction sites are often utilized by many employees. There are both contractors and subcontractors that are present so sometimes one of these third parties is the cause of the injury for the employee working at the site.  

Due to the negligence law, a worker that is injured is allowed to file a lawsuit against a third party for poor working conditions if it was the cause the their injury, if the third party was aware of the conditions and didn’t do anything about it but if you are compensated by a third party lawsuit you will have to pay back any worker’s compensation that you received.

According to the New York State Senate Labor Law 240 is as follows:

  1. All contractors and owners and their agents, except owners of one and two-family dwellings who contract for but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.
    No liability pursuant to this subdivision for the failure to provide protection to a person so employed shall be imposed on professional engineers as provided for in article one hundred forty-five of the education law, architects as provided for in article one hundred forty-seven of such law or landscape architects as provided for in article one hundred forty-eight of such law who do not direct or control the work for activities other than planning and design. This exception shall not diminish or extinguish any liability of professional engineers or architects or landscape architects arising under the common law or any other provision of law.
  2. Scaffolding or staging more than twenty feet from the ground or floor, swung or suspended from an overhead support or erected with stationary supports, except scaffolding wholly within the interior of a building and covering the entire floor space of any room therein, shall have a safety rail of suitable material properly attached, bolted, braced or otherwise secured, rising at least thirty-four inches above the floor or main portions of such scaffolding or staging and extending along the entire length of the outside and the ends thereof, with only such openings as may be necessary for the delivery of materials. Such scaffolding or staging shall be so fastened as to prevent it from swaying from the building or structure
  3. All scaffolding shall be so constructed as to bear four times the maximum weight required to be dependent therefrom or placed thereon when in use.

Information retrieved from the New York Senate Homepage for accuracy regarding the law.

If you have been injured at work it is important to let the owner of the property know immediately, receive medical treatment and have copies of all documentation from your doctor and specialists regarding your injury and contact an injury lawyer who can help you along the process of you lawsuit. You can do so by contacting Yuriy Prakhin Law Office at 877-245-0135.

A newborn with a low Apgar Score was discharged from a hospital
Oct 2018
by Yuriy Prakhin

Q: A week ago I was discharged from a hospital. I had delivered my first child—a wonderful baby girl. Everything goes well, but my neighbor, having looked through papers from the hospital, frightened me. She told me that the baby’s Apgar Score was only seven out of ten. I didn’t even know what to say to her. Maybe I need a lawyer?

A: The Apgar Score is a scale from 1 to 10 that helps doctors to assess newborns’ overall physical condition. This score has been used since the beginning of the 1950s. It measures a newborn’s health condition on five criteria: appearance (the skin tone), pulse (heart rate), grimace response (reflexes), activity (muscle tone), and respiration (breathing rate and effort). Without going into details, I can say that babies who score 7 to 10 are considered to be in good health. A consultation with a lawyer would be recommended if your baby’s score was a 6 or below. In that case, a medical error during labor or delivery could be a cause of the poor physical condition of the baby.

What To Do When You Are Injured By A Slip And Fall Accident
Oct 2018
by Yuriy Prakhin

Slip and Fall injuries are extremely common. Whether it is a result of someone else’s dangerous property, cracks in the ground, sudden floor changes, slippery sidewalks due to lack of shoveling snow or scraping away ice, insufficient lighting etc.

Did you know that Slip and fall accidents are the leading cause of death among older Americans than any other form of injury? Over 15,000 senior citizens die every year from slip and falls and more than 2 million must receive immediate treatment in the ER for their injuries. However, please keep in mind that people of all ages are susceptible to slip and fall accidents and many are badly injured.

According to Occupational Safety and Health Administration (OSHA) “most general industry incidents involve slips, trips, and falls. They cause 15% of all accidental deaths, and are second only to motor vehicles as a cause of fatalities.”

If you are one if the millions of people that has been injured by a slip and fall accident than you may be eligible for compensation. However, it is important to know that not accidents are the same and there are different legal conditions that apply such as:

If the owner of a property was aware of hazardous conditions or should have been aware of it then they are responsible for your injury. It is vital that owners tend to their property so that is it safe for pedestrians. Failing to do so results injuries that could’ve been prevented. They are not responsible if the injury wasn’t due to something they could’ve prevented.

You should file a slip and fall accident claim or lawsuit if you are seeking compensation. You should have viable proof that the owner of the property was aware of the dangerous conditions or should have known about it. If either is the case than they failed to do anything about it so they’re at fault.

An injury attorney is highly experienced in slip and fall cases. They understand that it can be extremely exhausting to understand what to do and how to go about it. They are there to make the process easier for you and assist you with your case.   

Homeowners and business owners can obtain insurance to protect you from paying for slip and fall accidents that occur on your property. It is a good way to protect you from having to pay high costs in the case of an injury.  

Be mindful of what you say after a Slip and fall incident. Do not get into major details with the owner of the property or anyone affiliated with them. Often times what people say after they have been injured is used against them. Following the accident do not tell the owner “I am fine” or “I can’t believe I didn’t see that.” Discuss the accident with you lawyer- not at the place of the accident.

If you were injured as the result of a slip and fall accident you can contact Prakhin Law Office at 877-245-0135. Our lawyers are here to assist you.

Childbirth Injuries That Affect Children And Parents Must Stop
Oct 2018
by Yuriy Prakhin

Childbirth is supposed to be a joyous time of welcoming a newborn into the world but in many cases malpractices lead to child  injuries that leave parents heartbroken or a mother that is injured.

During a time when an infant is affected during childbirth the last thing parents are thinking of is filing a lawsuit. Of course their main concern is tending to their child but often times the medical expenses that will accumulate to treat the child and the special needs provided can cost a lot of money. Also, the injury was a due to some thing that could’ve been prevented.

A child birth injury is any kind of damage that occurs before or during childbirth. If it could’ve been prevented by a medical team following procedures correctly than it is considered an injury. These injuries include: Cerebral Palsy, Erb’ Palsy, Hematoma, Facial Paralysis, Klumpke’s Palsy, Spinal Cord Injury, Perinatal Asphyxia, Clavicle Fracture, Caput Succedaneum, Bruising,  Subconjunctival Hemorrhage and other injuries that could’ve been prevented in MANY cases. This is why it is vital to speak to a doctor to understand what short and long term affects it will have on the child. This information should be discussed with a lawyer to plan for now and the future.

An injury lawyer can help you collect proper information that is relevant for your lawsuit. Basically it is like investigating what exactly took place and this can be done by examining medical records, the cost of hospital and doctor bills, bills accumulated from your insurance company, any communication that took place with your doctor or medical staff in regard to emails, letters or there might be someone who witnessed the event and will provide information etc.

Your lawyer can extensively research any medical studies that link to yours; the credentials of all those who provided medical care and even look into any cases where there has been negligence performed by the same medical staff.  

It is imperative to understand that while some of these injuries may improve there are some cases that will require a Care Plan. That would entail the types of medical attention, procedures, assistance etc that may be temporary or lifelong.

Having a diagnosis is only a piece of a puzzle regarding injuries. There are steps that must be taken to ensure that your child will not lack the help that they need and a lawyer can assist you in this process.

There are about 28,000 childbirth injuries every year. Over 6 out of 1,000 infants are born with moderate to major injuries. Tragically, 20% of children injured at birth are fatal. These numbers are far too high for parents who trust the work of their doctor.

Also, consider the mother that gives birth. Just as with infants there are various injuries that she sometimes endures during childbirth. There are health concerns that go undiagnosed or untreated and can be fatal. There’s no excuse negligence and the pain and suffering because of it.

Fell on black ice
Oct 2018
by Yuriy Prakhin

Q: Two years ago, while walking to my car at our co-op’s parking lot, I slipped on the ice, fell and badly injured my shoulder. Now I received a letter from my lawyer where he refused to pursue the lawsuit because I fell on the “black ice.” What does it mean?

A: In your case, the phrase “black ice” means that the ice you slipped on was covered with mud, for example, and therefore invisible. Insurance companies often use this expression to protect themselves. The logic is quite simple — since the ice is invisible, nobody knew and could not have known that it was there at all, which means that nobody was responsible for cleaning it up and nobody would pay. This is effective and efficient protection. However, since you fell at the parking lot, your case is not lost. Answering the following questions can help you. Did a superintendent or another employee perform a regular routine parking lot cleaning? If so, did they create black ice by sweeping the dirt on the floor? If they failed to clean parking lot, then it would be the property owner’s fault a priori, because it’s his responsibility to make sure that the parking lot is cleaned regularly. Both statements need to be proven with the help of witness testimonies, photos, security camera records, checking previous tenants’ complaints, etc. If you succeed with that, the owner has to pay for your injury. Another option would be that a construction company that was, for example, repairing your building could have caused “black ice” by spilling cement on the floor. Anyway, to help you win the case a lot of research needs to be done. So far, we have more questions than answers.

Victoria Secret Model Sues Hilton Hotel For Bed Bug Infestation
Oct 2018
by Paula Pinto

Model Sabrina Jales St. Pierre has modeled for some of the most well known labels in the modeling industry. However, the model’s career was affected after being attacked by bed bugs.

The infestation of bed bugs resulted in welts that covered her body after staying at a hotel in Palm Desert, California. The Palm Desert Embassy Suites by Hilton was swamped with these bed bugs and her bites caused her not to be able to work for two months. The Victoria’s Secret model has filed a lawsuit against the hotel and it is one of other hotels that is listed in an I-Team investigation. The investigation is exposing sanitary problems at Southern California hotels.  

“I literally wanted to rip my skin off. The first morning, when I woke up, I noticed a couple of bites on my arm, but I didn’t think anything of it. And then, the second morning is when I noticed all the bites, and that’s when it got worse,” said Jales St Pierre.

The horrible incident left the model with approximately 90 bed bug bites. Her attorney, Brian Virag, likened what happened to her a massacre.

Police sergeants Gary Bruce had a similar experience to Jales St. Pierre. After staying at the same hotel he noticed red bite marks on his skin. He stated that he’s without a doubt certain that they are bed bug bites. He is now suing the hotel as well.

Sergeant Bruce was one of the officers in the OJ Simpson car chase in 1994.

Regarding Jales St Pierre’s allegations, the hotel released a statement which said “With regard to this incident, our guest reported she felt she had been bitten by bedbugs on her lower legs,” the hotel added. We have a very comprehensive protocol in the event a guest reports any situation affecting their personal well-being. Whenever there is a claim of bites from any number of pests we have a protocol we follow to investigate. Our management immediately upon learning of Ms. Jales’ allegation that she had bug bites, she was relocated to a different room. In addition, as a gesture of hospitality, the hotel dry-cleaned all her laundry. Hotel Management then proceeded to inspect the guest room for pests. The inspection of the room did not reveal any evidence of bedbugs. The Hotel took additional precautionary steps by contacting an outside pest control company. The pest control company reported and documented there was no evidence of any pest in the room, including bed bugs. We deny the allegations put forth in the press and social media.”

Nevertheless, it’s important to know where to look for evidence of bed bugs when you are staying at a hotel. The bugs are found on mattresses, box springs, behind picture frames, on baseboards and headboards as well as on night stands and other parts of the room. A bed bug can hide on curtains, in drawers, on wallpaper etc. In fact, they’re very good at hiding during the day because they are nocturnal and most bites occur in the evening.  

If you have recently stayed at a hotel be sure to check your suitcase and garments to ensure that these pests haven’t traveled back with you.

Must Minor Car Accidents Be Reported?
Oct 2018
by Yuriy Prakhin

You’re in a parking lot at the mall backing up your car and accidentally another car hits you from behind. No one is hurt, there doesn’t appear to be any damage so do you have to report it? Depending upon the cause as well as the law for the state you live in, it may have to be reported.

Plenty of states demand that you report an accident for even the slightest injury. Sometimes there’s no injury at all but there’s minimal damage to a car but that must be reported also. If the cost of repairing the damage exceeds $1,000 many states require that you report it.

All states require that you exchange phone numbers with the other driver as well as driver’s insurance information for even minor accidents. If the other driver refuses to comply you should call the police. Even minor accidents can get driver’s worked up so if there is any kind of argument that is not getting resolved you ought to call the police. The attending officers will be able to gather information if there were witnesses and write a report of the damage to the vehicles as well as any injuries that might have occurred. If you weren’t hurt that’s still not enough of a reason not to call. Many times injuries aren’t felt until days or even a week or so after the accident. If you don’t notify the police and feel the results of the injury weeks later, the other driver can deny that the accident took place. Therefore, it is important that you have this all documented.

Insurance companies require that you report the accident. If you don’t do so you can face repercussions later on regarding your car insurance.

If you don’t report the accident and down the line the other driver says that you hit his car and took off, the insurance company is not responsible to pay for medical expenses. They can deny to protect you because you didn’t report the accident as you were told to. So by trying to avoid an increase in your premium it may very well cost you much more in the end.

You don’t have to report an accident to your insurance company if no other vehicle was involved. If you accidentally hit your own property such as your garage or front gate than there’s no argument with another driver who can claim to have been injured. No one can state that you damaged their vehicle because there wasn’t another vehicle. An isolated event doesn’t need to be reported. However, if you were hurt than you should take proper steps and go see your doctor. Sometimes even minor injuries can impact a driver whether that is physically or emotionally so don’t reject to get the assistance needed in the case that it’s caused you any kind of pain or suffering. Only you know how your body feels in such circumstances and so you must ensure that you receive help if needed.

The Harsh Reality of Abuse In Some Nursing Homes
Oct 2018
by Yuriy Prakhin

As we are aging, those we love are getting older too. Whether they are our grandparents, parents, aunts, uncles etc. There are certain types of care that can’t always be provided at home and so many will seek out nursing homes for a family member. Whether it is due to illness or needing around the clock care for other reasons, there’s the good and the awful in some of these places. The good is the nurturing, caring, compassionate staff that does their job from their heart but then there’s also the cruel, abusive, individuals that work in some of nursing homes. It’s a hard reality to sit with but it does exist.

When it comes to our deep concern for our loved ones that are in or will be going to a nursing home- many times the things we worry about don’t occur. However, imagine finding out someone you entrusted to care for your loved one is abusing them. It’s a sickening thought.

There have been cases of pure neglect- whether that is feeding, bathing, giving proper medication or treating ailments properly. How does someone you love speak up for themselves if they don’t have a voice? Some of these victims have Alzheimer’s and can’t tell a staff member or family member what is going on. Some of them are battling depression and have retreated to a place where mentally it is to painful to speak of the abuse. Others are in fear of telling someone or maybe they don’t have family and don’t feel the staff will do anything to help them. Nevertheless, sadly, it happens all too often and it is awful!

There was a case of an employee at a nursing home who was arrested without bail for forcing an elderly woman to hit herself in the face. If she is found guilty she will spend years in jail for abuse and will have to pay thousands of dollars for pain and suffering.

The gruesome details consist of the victim having her earlobe pinched and then pushing the elderly women’s head down while making her use her own hand to strike herself repeatedly. Not only was she abusing her but making this woman abuse herself!

If you suspect something is wrong- show up during different times of the day and night. Pay attention to what residents are saying as they’re getting changed or what is occurring when it is time for them to eat. Are they receiving proper treatment, being fed if necessary. Are they forced to move into positions while being changed that there body is incapable of. Abuse isn’t always silent but sometimes it is so you’ll have to look and listen for it. Are their unexplainable bruises? These are some things to take notice of. Make sure you know what medication your family member is given and not one prescribed to them without their consent. Not so long ago there were cases against doctors who were prescribing Seroquel to seniors to keep them in bed. This antidepressant drug is not to be used as a tranquilizer so that staff doesn’t have to do their work. It is not for people older than 65 as it can cause death and in some cases paralyze patients upon other awful symptoms.

Anyone would want to take immediate action if they believe a love one is being mistreated but if that is the case you should talk to the higher ups first. If your suspicion is incorrect someone can lose their job and be deemed unqualified to work at another facility.

If you have valid evidence and management isn’t of help to you than the next step would be to notify authorities. While doing so it is also important to get in touch with a lawyer who has been down this terrible road before. They are qualified to know what steps need to be taken. They will be with you during the process and can represent you in court.

Elderly abuse is one of the most horrible things a person can do and should be treated as such. If you have any idea that this could be happening please collect your evidence and speak to a lawyer as soon as possible. No one should have to live under the cruelty of another.