Current Investigations
It’s the simple things that get overlooked
We’re representing the estate of a 78-year-old woman who had a morphine pump implanted in her back several years ago to treat chronic pain in her lower back. The pump was set to administer 10mg./hour. However, after several years, the pump began to malfunction and was only delivering 4-6mg./hour. This continued for a few weeks until the pump could be replaced. Although the surgeon successfully replaced the pump, he started the new pump at 10mg./hour. This resulted in a significant morphine overdose and our client ended up in a coma and on life-support for three weeks. When the life support was withdrawn, she passed away.
To protect and serve
We’re representing a 54-year-old teacher who was severely injured when a sheriff’s deputy did a U-turn right in front of him on Route 60 in Fredonia. Not only has the sheriff’s department and deputy not taken any responsibility for causing this accident, they have made every effort to excuse the deputy’s actions and to cast blame upon our client. Because of his injuries, our client has had to give up a teaching job and coaching position that he loved.
We are investigating
a case involving a surgeon who operated beyond the scope of his expertise and specialty (he is a colorectal surgeon) by removing our client’s coccyx (tailbone) without consulting with or obtaining the assistance of a neurosurgeon and/or orthopedic surgeon. As a result, our client has suffered inretractible nerve pain.
A 73 year old wheel-chair bound client
…was a resident of a local nursing home. He also had kidney problems, and required dialysis; so he had to be transported from the nursing home to a hospital three times each week for dialysis. On at least five separate occasions, he was thrown out of his wheelchair during transport, because the nursing home personnel failed to properly secure his wheelchair, or secure him in his wheelchair. On the fifth occasion, he suffered a broken leg. Due to the increased immobility resulting from the broken leg, he developed a bedsore. The failure to properly treat the bedsore led to him becoming septic; and he died as a result of the sepsis.
Our 83 year old client went to a local emergency room,
…because she was unable to swallow anything, even her own saliva. She was drooling, because she couldn’t swallow her saliva. It took them THREE DAYS to figure out that she had food lodged in her esophagus.
No good deed goes unpunished,
…Our 62 year old client stopped to help a motorist whose vehicle was in the ditch. After checking on the driver, she was getting into her car, to call 911, when her car was rear-ended by a young man on his way home from his girlfriend’s house, which resulted in rib, left leg, and foot injuries.
While enjoying a concert with friends,
…our client was struck in the head by a concert goer causing severe brain injuries. Our client, who is married and has two young children, will be impaired for the rest of his life.
While trick-or-treating with her friends,
…our client was struck by an SUV driven by a 15 year-old unlicensed girl, who lost control of the SUV, jumped the curb, and went onto the sidewalk. Our client pushed her two friends out of the way, and got hit by the SUV, suffering severe injuries.
Our client had an MRI in 2009, which showed
…a small mass on her left kidney. The report that was sent to her doctor said that it might be cancer, and suggested close follow-up. There was no follow-up, and by the time the cancer was diagnosed, in 2012, it had spread throughout her body. She died nine months later.
Our client had a seven-hour surgery at Roswell Park
…last year. Because of the way his body was positioned during the surgery, and not re-positioned periodically during the surgery, he suffered a significant nerve injury to his left arm.
85-year-old male resident at a nursing home fell
…17 1/2 feet down an unprotected/unfenced area to his death, due to failure of staff to adequately and properly supervise the resident.The staff was unaware that the resident was missing and he was only found when his daughter came to visit and could not locate him. The East Aurora Police have also investigated this matter.
Sexual abuse of a 77 year-old female nursing home resident
…who suffers from dementia by a nursing home staff member. We currently are investigating all aspects of the nursing home’s hiring practices, particularly as they relate to screening of potential employees, as well as the training and supervision that the nursing home provides after an employee is hired.
Death from Ectopic Pregnancy
Our client was taken by ambulance to an emergency room with severe pain, bleeding, a positive pregnancy test, and near shock. We are investigating why it required over a four-hour wait in the emergency room. She coded on the way to surgery and died from extensive blood loss.
Head-on Collision in Depew, NY
A head-on collision involving an SUV that crossed into our client’s lane of traffic. The collision occurred at a high rate of speed. The driver of the SUV is believed to have been under the influence of prescription pain medication that she illegally obtained from friends and acquaintances. Our client suffered life-threatening fractures and is confined to the Erie County Medical Center. The accident occurred on Walden Avenue in the Village of Depew.
Drowning at State University of New York at Buffalo Alumni Arena
We are currently investigating the drowning death of a young woman at the State University of New York at Buffalo Alumni Arena. The woman, age 27, was found unresponsive at the bottom of the pool during an “open swim.” We currently are investigating the actual events of that evening, as well the swimming pool’s operational procedures, and any patterns of faulty supervision in the past.
Rape at YMCA
Case of a rape of an 11-year-old girl in July 2010 at a Buffalo, New York YMCA. A lawsuit has been filed in Erie County Supreme Court. The victim was impregnated by an employee of the YMCA and delivered a child as a result.
Carousel Ride Token Machine Injury
A 4-year-old was using a token machine for a carousel ride at a local mall when the token machine fell on top of him, resulting in a severe femur fracture to his left leg. The child was required to wear a cast on both legs up to his pelvis and will undergo extensive therapy. After the accident, the wheels on the bottom of the token machine were removed. We will investigate the purpose of said wheels, why they were removed, and whether they caused the machine to fall on the child.
ChloroPrep
…a 48-year-old woman was undergoing a minor surgical procedure under general anesthesia and was prepped with a product named as ChloroPrep. The product leaked into her eyes, resulting in severe burns to both of her corneas. Both the product and the method by which it was applied are under investigation.
Local Farmer Tractor Accident
…a local farmer was driving a Allis-Chalmers tractor/combine when he was rear-ended by a manure truck. The circumstances surrounding this accident are being investigated with regard to the experience of the driver of the manure truck, the hours of his employment, and his competency to operate a large farm vehicle.
Tractor Trailer Crash at Rural Intersection
…we are investigating the cause of a wrongful death and personal injury case that involves an 18-wheel tractor-trailer that occurred at a rural intersection, causing the death of the driver of the automobile and injuries to the infant occupants. The operator of the tractor-trailer failed to take any evasive action to avoid the collision and his insurance company has deleted information contained in the “black box” of the tractor-trailer’s computer. Our investigation includes an analysis of the speed of the tractor-trailer, the driver’s apparent failure to promptly apply his brakes, and failure to take any action to avoid the collision. We are also evaluating the number of hours that the driver had been working and time pressures under which he was operating the tractor-trailer, as well as his competency to operate the tractor-trailer under the conditions that were presented. We also are evaluating a report from the New York State Department of Transportation indicating numerous violations related to the truck being operated.
Faulty Chrysler Transmission
…a 63-year-old man was killed when he was run over by his own vehicle, a Chrysler-manufactured Dodge Ram pick-up truck. Our client exited his truck believing that it was in the park position, when in fact it was in what is known to be a “false park” position, whereby the transmission is hung up between reverse and park. This is a longstanding problem with Chrysler products. The problem was not known to our client and was not brought to his attention. Chrysler has failed to remedy this problem in its vehicles and continues to use a gear mechanism that creates an enhanced risk of a “false park” position for the transmission.
Improperly Interpreted Mammogram
…Brown Chiari LLP currently is investigating the practices of a radiology group that failed to notify its patient of suspicious lesions following a mammography. The suspicious lesions were noted by the radiologist who failed to bring them to the attention of the patient. The radiologist’s staff also failed to contact the patient to advise her of the findings on the mammography films. The next year, the patient went in for another mammography, which was her practice. At that time, it was brought to her attention that the earlier film had been diagnostic of possible cancer and that she should have been notified, but was not. Unfortunately, her most recent film showed an enlargement and spread of the cancer.
StrongBuilt Tree Stand Collapse
…a 38-year-old male was hunting and attempting to climb into his tree stand when a ladder-like device known as a Bass Pro Strongbuilt that he had purchased from Bass Pro broke, causing him to fall and fracture his spine. Our investigation to date has revealed an improperly designed product without a locking mechanism to prevent the ladder-like device from collapsing.
DePuy Hip Replacements
…Brown Chiari LLP is engaged in the investigation of multiple prosthetic hips and hip replacement systems, which have been manufactured by DePuy Orthopedics and sold through Johnson & Johnson, the owner of DePuy Orthopedics. These devices have been the subject of a recall.
Zimmer Prosthetic Hips
…we are also investigating prosthetic hips manufactured by Zimmer. A number of these replacement hips have been recalled due to extensive and life-threatening complications that have arisen. We have filed a number of lawsuits to date with regard to these products and our investigation is continuing.
CSX Railroad Accident
…while unloading a rail car at Sonwill Distribution, our 51-year-old client was crushed and the load contained within the car collapsed on him after the car had been improperly loaded by General Mills. The rail car was owned by Union Pacific Railroad Company.
Crushed Ironworker
…an ironworker was crushed beneath a steel plate that he was attempting to weld, which unbeknownst to him, had not been secured or braced in an adequate fashion. When the plate broke free, it knocked him to the ground and pinned him beneath it. He suffered extensive and career-changing injuries from the collapse.
62 yr old Receives Wrong Medication
…a local pharmacy provided our client, a 62-year-old man, with the wrong medication and failed to notify him that they had done so. While under the improperly prescribed medication, our client began to suffer personality changes, disorientation, dizziness, and frequent falls, requiring multiple hospitalizations. During his third hospitalization, it finally was discovered that the pharmacy had given him Amitryptyline, which is a powerful anti-depressant. The personality changes have continued and he is now being medicated and treated by his primary care physician. The pharmacy has continued to deny responsibility for this matter and we are asking that a local jury be empanelled to set the responsibility of the pharmacy for the experience, damages, and permanent injuries suffered by our client.
Construction Mortar Boom Accident
…we have recently been retained to investigate injuries suffered by a 32 year old construction worker who was seriously injured when a mortar boom fell at his work site during the construction of a brick wall, causing him to fall into an uncovered elevator shaft. We are investigating the circumstances of the accident and the application of the New York State Labor Law as it applies to construction workers for their protection.
House Fire Kills Elderly Couple
…a house fire resulted in the death of the two elderly occupants. We are investigating the cause of the fire, including the failure of a chimney cleaning and repair company to seal off the fireplace so as not to allow fire to escape from the firebox.
Senior Citizen Sexual Abuse
…an elderly female was sexually abused by a maintenance worker at a senior citizen apartment complex. Our investigation has revealed and uncovered the fact that the maintenance worker was continuously improperly entering the apartment, where he abused the elderly woman who was suffering from some dementia. Our investigation reveals that the maintenance worker was not properly evaluated before he was hired and was thereafter not properly supervised. He ultimately was charged under the New York State Penal Law and has been imprisoned. We currently are seeking a trial to recover damages for the sexual assault and abuse that this woman suffered, as well as the deprivation of her rights of dignity and privacy and the emotional and psychological trauma that she has suffered.
High School Baseball Accident
…a 17-year-old high school student was severely and permanently injured, including suffering a fractured skull, while participating in baseball practice in a high school gymnasium. The method and manner by which the practice was being organized and directed by the gym teacher created a high risk of serious injury, which ultimately occurred. The school essentially placed the students directly in the danger zone of being struck by the metal bats that were being used while the teacher was well protected and some distance from the area where the danger was most prevalent.
Surgical Clamps Left in Surgery Patient
…surgical clamps were left in our client’s abdomen following a surgical procedure in an area hospital. Our client suffered persistent pain and bladder problems over the next two years, which went undiagnosed until it was finally discovered that the clamps had been negligently left behind upon the conclusion of the original surgery.
