Friday, October 28, 2016

Playboy Model’s Death Blamed on Chiropractor

The sudden death from a stroke in February of a former Playboy model, known to her two million social media followers as the “Queen of Snapchat,” has been ruled accidental in an October report by the Los Angeles County Coroner’s Office.

However, in issuing its report, the coroner’s office attributed the stroke to a chiropractic procedure the victim had undergone several hours earlier. That finding again raises concerns about the safety of chiropractic procedures, which some have called dangerous and unnecessary.

 

Promising Career, Popular Model

Katie May, age thirty-four, had worked as a model and gained success with appearances in several ad campaigns and magazine features, including for Playboy, Esquire, GQ, and Sports Illustrated. She was also a popular social media personality. At the time of her death, it had been reported by some that she’d fallen during a photoshoot and injured her neck, which led to the stroke and her death.

She had, however, only told her online fans that she’d pinched a nerve in her neck during that January shoot, and that she planned to see a chiropractor about the problem. After a February 1 chiropractic visit, she began experiencing numbness and dizziness, and by the time she reached the hospital, she was found to be suffering a massive stroke. This led to major brain damage. Her family took her off life support on February 4.

The coroner’s report, completed seven months later, blamed her stroke and subsequent death on a tear in one of the important arteries that supplies blood to the brain. This tear, the report concluded, had been accidentally caused during May’s chiropractor visit.

 

Chiropractic Injury and Death

It’s estimated that about 20 million Americans visit a chiropractor each year. Most of them leave satisfied and in good health, but for years concerns have been raised about the safety of some chiropractic procedures.

In particular, the injury suffered by May, known as a vascular dissection, has been highlighted as a dangerous and sometimes fatal side effect of energetic chiropractic neck manipulations. The American Heart Association has officially cautioned against neck manipulation procedures since at least 2014 because of a potentially increased stroke risk, while other sources have determined that the risks outweigh the benefits, specifically because data is difficult to find on the true danger posed by these procedures.

The American Chiropractic Association counters that their practitioners are properly trained and that they perform procedures safely, but that all treatments pose some risk. They note that even commonly prescribed medicines, such as ibuprofen, present a risk of stroke to users.

 

Chiropractors and Medical Malpractice

Chiropractors might not be medical doctors, but they are trained and licensed healthcare practitioners. As such, they owe the same duty of care to their patients as any other healthcare professional.

When the mistreatment of a patient or the misapplication of a procedure causes an injury such as a stroke or—in extreme cases such as Katie May’s—death, that professional needs to be held accountable. An injured patient or her family would hold a doctor responsible for harming someone in their care, and chiropractors should be held to the same standard.

 

New York City Medical Malpractice Lawyers

If you or someone close to you has been injured by a procedure performed by a chiropractor or another healthcare professional, it’s important to pursue compensation to cover the costs of additional medical treatments, lost wages and income, and any unnecessary suffering caused by that injury.

Greenstein & Milbauer, LLP understands this kind of personal injury claim, and we’re ready to assist you. Call us today at 1-800-VICTIM2 (842-8462) or complete the form below to set up a free consultation to discuss your case.

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Tuesday, October 18, 2016

Water Fountains Present Risk to Schoolchildren

A public elementary school in New York City is dealing with claims that elevated copper levels in drinking fountain water made a child sick. The boy went home with stomach pains after having ingested the water, which was discolored and foul tasting.

What makes this problem worse is that a few months earlier the same school had that fountain and four others test positive for elevated lead levels. Although all had been replaced, they were not supposed to be used until they could be cleared through remediation testing.

It is suspected that this round of contamination was caused by heavy metals that leach from old pipes when the water stands in them for too long. If this is true, then running the tap for fifteen to thirty seconds prior to drinking should help remove these impurities from otherwise well-regarded NYC drinking water. If the contamination was not from the pipes but from some other source underground, running the water would not solve the issue.

 

Copper in the Body

Body chemistry is a delicate balancing act with trace elements affecting brain and nervous system health. Copper has to have a certain ratio with zinc, for instance, for thyroid health, which controls cell energy. Too little copper can cause issues such as anemia, nerve damage, and a low white-blood-cell count, and too much copper results in “copper toxicity,” causing stomach pain, vomiting, and diarrhea. More severe symptoms are brain disease, heart and kidney failure, liver failure, and death.

In the Staten Island school case, the levels were said to be elevated but not harmful. The school is taking this fountain out of commission until the problem is resolved. Still, parents have every right to be concerned and take proper precautions.

Some parents say they send their children to school with bottled water, while others trust that the administration is on top of the problem and will do the right thing. For the time being, school authorities say they will have janitors flush out the water system every morning to ensure stagnant pipe water does not have time to collect heavy metals dangerous to thirsty schoolkids.

 

Possibility Premises Liability Lawsuit

If it can be proven that the boy sustained harm directly from this incident and that the school should have been aware of the problem but failed to fix it, the family can pursue a premises liability case for financial compensation. A personal injury lawyer would look into all the evidence, including testing, state and local laws and standards, and the actions of the school to see if anyone was at fault in allowing the water fountain to be used when it represented a danger to the kids on the school grounds.

If it can be proven that the school failed to act when it should have, the victim’s family will be eligible for a financial settlement to cover their damages and pain and suffering.

 

Experienced NYC Premises Liability Attorneys

If you feel that you or a loved one has been hurt by something beyond your control due to a property owner’s carelessness or bad judgment, you may have grounds for a premises liability case. Contact Greenstein & Milbauer, LLP today to find out more about how we can go to bat for you.

Simply call us at 1-800-VICTIM2 (842-8462) or reach us by completing the form below. The consultation is free and carries no obligation. We are personal injury lawyers who work hard to protect New Yorkers from negligence. We use our years of experience to build the strongest cases for our clients to ensure that justice is served.

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Wednesday, October 12, 2016

Carrey Wrongful Death Case Brings Topic to the Fore

Actor Jim Carrey’s ex-girlfriend Cathriona White was found dead of an apparent suicide in September 2015, and Carrey is now accused of wrongful death by the woman’s husband. She and the Ace Ventura actor had recently split up after having an on-and-off-again relationship for four years.

Her death was caused by an overdose of several types of prescription pills, at least two of which Carrey is alleged to have obtained under an alias and then given to her. His lawyer contends that Carrey legally obtained the pharmaceuticals and used a fake name to protect his privacy as a celebrity, and the actor’s attorney also contends that White stole the pills from his client. Three of the four drugs in question were Propranolol, Ambien, and Percocet, respectively.

Complicating matters, some of White’s friends didn’t know she was married to an American cameraman named Mark Burton (whom she was planning to divorce in December). From Burton’s end, he claims Carrey is trying to cover up his involvement in White’s death where he supplied her with highly addictive, allegedly illegally obtained medication. White may have battled mental illness for years, which Carrey referenced in his official statement following her death.

It’s impossible for us to make any assertions as to what actually happened in this case, and it should be noted that any liability or guilt on Mr. Carrey’s part has yet to be proven. However, the case does raise the topic of wrongful death to the fore, which is certainly a discussion worth having.

 

The Difference Between Murder and Wrongful Death

Mark Burton is accusing Jim Carrey of “wrongful death,” which contends that a fatality of one person resulted from another person’s wrongful actions. This could be because of something the accused either did or failed to do. Murder could be considered a type of wrongful death, but not all wrongful death is murder. While murder is a criminal case, which can lead to prison time if guilt can be proven beyond a reasonable doubt, wrongful death is a civil case that results in a financial award for the plaintiff.

For example, while former football player O.J. Simpson was found innocent of murder charges regarding the homicide of his wife Nicole Brown-Simpson and Ron Goldman. He was later found guilty of the wrongful death case brought about by the Brown and Goldman families. The punitive and compensatory damages awarded to them in that case were $33.5 million with responsibility for their deaths placed on O.J. Simpson.

 

Wrongful Death Compensation

If suing for wrongful death, there are calculations made to determine what the probable life span of the deceased would have been and what their lifetime earnings might have been. In a case like this, providing illegally obtained drugs or illegally sharing prescription drugs would constitute a wrongful and negligent act if it can be proven.

In a wrongful death suit, the plaintiff can receive compensation for the victim’s lost wages, funeral expenses, medical bills, and sometimes the family’s pain and suffering.

 

Work with a New York City Wrongful Death Attorney

If you have questions surrounding a wrongful death or other personal injury case, Greenstein & Milbauer, LLP are here to provide answers and sound legal counsel. Call 1-800-VICTIM2 (842-8462) toll-free or complete the contact form below and find out your legal options. We are dedicated to building the strongest case possible for our clients.

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