Do you work in or with the construction industry? If so, chances are you have heard of The United States Department of Labor Occupational Safety and Health Administration, otherwise known by the abbreviation “OSHA”.
What happens if, as a result of negligence, a person dies in the State of New York but they do not have any immediate family members to administrate their estate? Does, any potential lawsuit against a third party become lost? The short answer is no, the opportunity for a lawsuit does not become lost, but the process in which to initiate a lawsuit becomes much more complicated. The following is a brief overview of the process for filing a wrongful death lawsuit when a person dies without a will and without a distributee who is also a qualified person to administrate the estate under the New York EPTL.
In current medicine it is extremely common for persons who have developed ventral hernias due to prior surgery, child birth or injury to undergo a hernia repair operation where the surgeon elects to use a mesh patch to repair the hernia. History has dictated that this is a relatively safe procedure if done properly using generally accepted procedure, but can be extremely dangerous or even deadly if done improperly.
Unfortunately, it happens, your case gets marked off the trial calendar. Even worse, it happened through no fault of your own. How so? Your action was consolidated with other cases, and while you have been timely complying with adversary demands and court orders, the other plaintiffs are no so diligent. The result – the note of issue is vacated and all the consolidated cases are marked off the calendar as a result of the other plaintiffs’ failure to comply with orders and/or reply to demands.
Most lawyers are well aware that when a motion in decided in their clients favor they have an obligation to serve that order on opposing counsel with notice of entry. “Where the rights of a party are or may be affected by an order, the successful moving party, in order to give validity to the order, is required to serve it on the adverse party” ( McCormick v Mars Assoc., 25 A.D.2d 433). Moreover, “[T]he party prevailing on the motion shall file the order and the papers used on the motion with the proper clerk after receiving them. If a party fails to file any papers required to be filed under this subdivision, the order may be vacated as irregular, with costs.” CPLR § 2220(a). So what are the ramifications of failing to serve your adversary with the Court’s decision? In some instances the consequences may be dire.
For many years patients who suffer from deep vein thrombosis have been electively placing filters in their inferior vena cava to prevent a blood clot in a patient’s lower extremities from breaking off and entering their lungs. An IVC filter is commonly used when a patient does not respond well to blood thinners or is at risk of falling which could dislodge the blood clot.
Up until recently this procedure has been classified as a relatively safe procedure with very little risk of an adverse effect. Recent studies have shown that many of the filters on the market today have become increasingly susceptible to migration, perforation and disassembly. This means that the side effects of having an IVC implanted may be much more severe than was originally thought. In order to understand what this means and how it effects a possible patient you must understand how the filter is put in place and how it works.
Modern medicine, in the form of prescription drugs, can be a life saver. Prescription drugs, when properly administered, can relieve many debilitating ailments, allowing individuals to live a satisfying and productive life. Without prescription drugs many people would not be able to live, work, play and carry on their daily activities. Prescription drugs can alleviate pain, cure infections, treat virus, and provide myriad other benefits such as minimizing the risk of more severe medical problems.