New York Personal Injury Lawyer Blog

According to the final New York State Police report, issued last month, Diane Schuler was speeding at a whopping 85 miles per hour in last July's fatal car crash on the Taconic Parkway in which 8 people died. The fiery crash occurred on July 26, 2009, when Ms. Schuler, traveling with her three nieces and two children, was driving southbound in the northbound lanes of the Taconic Parkway with a blood alcohol content of .19 (more than twice the legal limit) and high on marijuana. Everyone was killed in the Schuler vehicle with the exception of her then 5 year old son Bryan, and all three occupants of the vehicle driven by Guy Bastardi, which was traveling northbound in the left lane, were also killed.

Daniel Schuler, the husband of Diane Schuler, claimed last year that his wife must have had an illness or medical problem which caused her to drive so recklessly on the wrong side of the parkway. There was talk of exhuming Ms. Schuler's body to conduct a separate autopsy to potentially rebut the findings of the Westchester County Medical Examiner's Office, but to date there has been no evidence to refute the Westchester Coroner's findings that Schuler was high and intoxicated at the time of the accident.

Understandably, the Bastardi family has commenced litigation against the Estate of Diane Schuler for the deaths of 81 year old Michael Bastardi, Sr. and his 49 year old son, Guy Bastardi, who was behind the wheel when the tragic accident occurred. The lawsuit is pending.

When you combine the speed of the Schuler vehicle at 85 m.p.h with the alleged speed of the Bastardi vehicle at 74 miles per hour, the vehicles were approaching each other at 233 feet per second--(Total of 159 miles per hour X 1.466 feet per second= 233 feet per second). Thus, there is no question that Guy Bastardi had no time to react or take evasive action from the Schuler vehicle. The only real question in this lawsuit is how much automobile insurance or umbrella insurance coverage the Schuler family had in effect on the date of the accident to compensate the Bastardi family. To date, we are not aware whether the family of the late Daniel Longo, also in the Bastardi vehicle, intends to commence legal action against Schuler's estate.

Continue reading "Schuler Driving 85 M.P.H In Fatal Taconic Parkway Crash" »

In the summer of 2008, then 22 year old Jacy Good was on her way home to Lititz, Pennsylvania with her 57 year old parents after graduating from Muhlenberg College. Suddenly, her entire life was turned upside down when a tractor-trailer slammed head on into her car, killing Jacy's parents Jay and Joan Good, and leaving Jacy with permanent injuries including a collapsed lung, shattered pelvis, a lacerated liver, and worst of all, a traumatic brain injury that has caused faltering speech and difficulty concentrating. The truck driver had been forced to swerve to avoid a vehicle driven by an 18 year old who blew through a traffic light while speaking on his cell phone. The 18 year old driver was issued a ticket for disregarding a traffic control device but investigators were not able to determine if he went through the light because he was on his cell phone.

As a result of the accident, Jacy has now become a nationwide advocate to ban all cell phone usage by drivers. She noted: What is that important that you have to put everyone else on the road in jeopardy?" Since 2001 in New York, pursuant to Section 1225-c (2) (a) of the Vehicle & Traffic Law, it has been unlawful to use a mobile phone while a vehicle is in motion, unless the motorist has a hand-held device. Then last year, the New York State Legislature passed a law banning texting while driving. However, the offense was made secondary, meaning that in order to be charged with texting while driving, the officer would first have to charge the driver with a primary offense such as speeding or passing a red light. This month, the Legislature passed an amendment to the texting ban, making it a primary offense, and the amended law awaits approval by the New York State Senate before Governor Paterson can sign the bill, which he is in favor of.

Nationwide, 5,870 people were killed in car crashes in 2008, based upon data from the National Safety Council. The Council has urged legislatures to outlaw all cell phone use while driving, as it is clearly a major contributor to the overall epidemic of distracted driving, which also includes motorists who are too tired to drive, eat, drink or smoke while driving, attend to children, or focus on their radios or GPS devices instead of the road.

In June, Ms. Good and her boyfriend Steven Johnson, (who gave up his intention of a career in banking and has become inspired by Jacy's accident to become an occupational therapist), spoke at nearby Ardsley High School about the huge risks and dangers from using cell phones while driving. Mr. Johnson told the students that he will never forget, and hopes that they never will either.

Continue reading "Jacy Good's Compelling Motto: "Hang Up And Drive"" »

In follow up to our post on February 22, 2010 entitled Diabetes Drug Blamed For Heart Problems, there is new information which reveals that SmithKline Beecham actively attempted to cover up studies which showed that the diabetes drug Avandia was dangerous to the heart. In a July 12, 2010 article by Gardiner Harris in the New York Times, it was revealed that since Avandia's success was so vital to SmithKline, company executives decided not to publicize results of studies on its website or, more importantly, to submit these negative results to drug regulators at the Food & Drug Administration.

One particular company executive, when he found out that data revealed that Avandia was riskier to the heart than a competing drug Actos, wrote in an e-mail: "Per Sr. Mgmt request, these data should not see the light of day to anyone outside of the [company]." Apparently, according to the article, SmithKline knew as early as 1999 of extensive heart problems from the use of Avandia, but had determined that they would lose between "$600 million from 2002 to 2004 alone" if the risks became public. Even worse, an F.D.A. reviewer who reviewed an Avandia clinical trial named "Record" found that 12 patients who suffered severe heart problems from Avandia were not included in the trial's listing of "adverse events."

Surprisingly, the issue of whether to withdraw Avandia as a dangerous drug from the market has split the F.D.A., with some regulators arguing in favor of keeping the drug on the market despite the risks. Other diabetes drugs available include Actos and an older diabetes drug named glyburide, which is also less expensive.

In 2004, when GlaxoSmithKline was found to have hidden data regarding the suicidal thoughts teenagers and children were having from its antidepressant Paxil, the company settled a lawsuit by publicizing all data from its clinical trials. The posting of clinical trial data became federally mandated in 2007. It would appear that the Paxil experience has not changed Smith Kline's procedures when it comes to disclosing the risks of its products.

Continue reading "Diabetes Drug Manufacturer Failed to Disclose Data On Risks" »