News

Autumn 2009 E. Coli Outbreak in Northeastern U.S.

This autumn, two deaths and twenty-six illnesses in the Northeastern U.S. have been linked to meat contaminated with E. coli. At O’Brien Boyd, PC, we are familiar with the potential long term consequences to a person’s health that can result from E. coli poisoning. These consequences can be very severe, and our firm has recovered millions of dollars for E. coli victims, providing them with some compensation for the permanent impact E. coli poisoning has had on their lives.

Recognizing E. Coli Poisoning

Unfortunately, because the symptoms of E. coli poisoning may mimic other illnesses, it may prove difficult to recognize without medical intervention. The initial symptoms include severe abdominal cramps, watery diarrhea and, in some cases, vomiting. The diarrhea may become bloody and lead to dehydration. There usually will only be a slight fever or no fever at all. Symptoms usually appear one to fourteen days after exposure, with three to four days being typical.

Preventing E. Coli Infections The following tips may prove helpful in avoiding infection by E. coli bacteria contained in contaminated food:

• The most recent outbreak of E. coli has been linked to ground beef sold by several grocery store chains. According to the U.S. Department of Agriculture, the packages of ground beef suspected of contamination bear the code EST. 492 inside the USDA inspection mark or on the nutrition label. This ground beef has been recalled. All ground beef should be checked for this code before being cooked.
• All ground beef should be cooked to an internal temperature of at least 160° F.
• Keep raw meats separate from ready-to-eat foods to avoid possible cross-contamination.
• After preparing raw meat, use hot, soapy water to clean your hands, countertops, and all utensils used in the preparation. Wash meat thermometers in between tests.
• Do not drink non-pasteurized milk, juice or cider.
• Wash fruits and vegetables thoroughly, especially if they are going to be served uncooked.

June 24, 2009 - Politicians need to get the message on texting ban - By Chris O’Brien Reprinted from Buffalo News

New Yorkers have another chance to be protected from distracted texters, if the State Senate finds a way to reconvene and vote.

After years of inaction, the Assembly finally passed legislation a few days ago that would ban texting while driving. This important and potentially life-saving provision was included in a bill imposing tighter restrictions on teen drivers.

Last year, the bill passed the Senate but was held up in an Assembly committee. This year the Assembly passed the bill, but it now awaits action by the Senate.

New York State motorists are regularly confronted with careless drivers who attempt to read, type and send text messages while driving their cars and trucks. This type of careless behavior often leads to tragic results, such as the tragic death in July 2007 of five recently graduated high school cheerleaders killed in a devastating head-on collision with a tractor-trailer.

Analysis of the driver’s cell phone revealed text messages were sent and received on the driver’s cell phone directly before the crash occurred.

Nationwide, texting while driving has been recognized as a serious threat to the safety of motorists. According to a study performed by the AAA Foundation for Traffic Safety, texting while driving impairs several aspects of driving performance, including reaction time.

A nationwide Harris poll found that 91 percent of Americans think that driving while texting is as dangerous as driving while intoxicated and 89 percent of Americans supported a ban on driving while texting.

In 2006, researchers at the University of Utah published a study in Human Factors, a journal published by the Human Factors and Ergonomics Society. This report revealed that the use of cell phones, particularly when involved with text messaging, renders drivers as dangerous as when they drive under the influence of alcohol.

While New York was the first state in the nation to ban the use of hand-held cell phones while operating a motor vehicle in 2001, New York still has failed to render texting while driving illegal.

Twenty-one states now have some form of texting-while-driving ban. In the absence of state action, 62 counties in New York State have taken the lead by banning texting while driving. It’s time for New York to protect its drivers.

The issue of texting while driving is not a limited one, as a recent Zogby poll found that 66 percent of the people between ages 18 and 24 admit sending text messages while they are driving. Our legislators are sent to Albany to protect our interests.

Let's hope they realize their game of political chicken can have dire consequences.

Chris O’Brien is a partner in the law firm O’Brien Boyd, PC.

August 11th, 2009 - Drunk Driving Devastates Families

Nothing is more important than keeping families together and safe. It’s what makes us human, and makes life worth living. But there are people in our community that endanger innocent families. In the past several months drunk drivers have destroyed local families:

- A little boy watches as his mother is hit and killed by a drunk in a crosswalk.
- A husband/father killed by a drunk driver on his way to work.
- Heroic police officers pull a father out of burning car after a drunk driver strikes from behind.

In a split second, lives are drastically changed. The wake of drunken driving crimes leaves families emotionally, financially, and physically devastated. The acts of these criminals are entirely preventable. Sadly, this type of tragedy could strike anyone of us at any time.

Things Are Not Getting Better

According to the Erie and Niagara County Sheriff’s Departments, Western New York averages about 4,500 drunk driving arrests annually. That’s about 375 per month. Believe it or not, despite tougher laws, and increased awareness, the number is on the rise.

Significantly, in many cases, the drunk driver walks away without a scratch, and with insignificant punishment. Long after a few months in jail, survivors still struggle with the hardships caused by the drunk driver.

When a drunk driver chooses to endanger the rest of us, there are two areas of law involved: criminal and civil. The criminal legal system can penalize the driver, but provides little in terms of restitution for victims. The United States Constitution established the right to seek compensation in the civil courts.

At O’Brien Boyd, PC, our civil litigation practice is concentrated on the rights of the survivors. We help families understand their rights, and walk them through the process of protecting those rights. It is nothing short of a fight for justice. We engage this fight against drunk drivers and their insurance companies everyday because at O’Brien Boyd, families are worth fighting for.

TEN WORST INSURANCE COMPANIES REVEALED

Recently, the American association for Justice revealed the results of its extensive studies of insurance companies and how they act to unfairly deny or delay payments. The Top 10 Worst are catalogues in the accompanying story and includes Allstate, Unum and AIG.

Chris O’Brien and Steve Boyd are members of the AAJ Leadership Forum, which is a level of membership reserved for those who financially support AAJ’s mission of promoting the rights of consumers.

View Full Report


Wrongful death in New York

Two Kinds of Compensatory Damages (What is a case worth?)

Economic and Non-economic damages

It is important to note that there is no true justice in an injury case. Surviving victims cannot put a dollar amount on the value of a life or loved one. New York State has one of the nation’s most difficult wrongful death laws. Under the law, monetary compensation is the only lawful way to seek justice for the victims and their families. In a death case there are two ways to recover under the law:

I. NON-ECONOMIC LOSSES (pain and suffering)

The decedent’s estate is entitled to be compensated for the pain and suffering endured by the decedent during such time as he/she was conscious from the moment of injury to the moment of death. The estate is entitled to compensation for the moments of pre-impact fear that the victim experienced immediately before their death.

Determining the amount of damages is a difficult process. A skilled trial attorney will retain well qualified experts to calculate the economics of a person’s loss. In a crash case, other experts will testify about “pre-impact terror” and conscious pain and suffering. New York has no limits with respect to these non-economic losses.

II. ECONOMIC DAMAGES

As difficult as it may seem New York asks jurors to determine the economic value of the victim.

There are several considerations that New York Courts consider in calculating the economic value of a victim’s life. New York juries can consider the victim’s character, habits and abilities. Additionally the law considers the amount of support that the surviving family could have expected from the decedent, the portion of his/her earnings that the person would have earned in the future for the care and support of their family. Critical to the calculation is the occupation of the decedent, the amount of their future earnings and the victim’s age.


February 5th, 2009 - Salmonella Outbreak
by Steve Boyd

The United States Department of Justice has launched a criminal investigation into the Salmonella outbreak tied to tainted peanut products that have sickened hundreds of people and may have caused at least eight deaths. The focus of the investigation is a Georgia processing plant owned by Peanut Corp. of America, which allegedly shipped peanut butter and peanut paste products that had tested positive for Salmonella.

More than 500 people in 43 states have become sick during the outbreak, prompting a huge recall of products containing peanuts, including all whole peanuts, dry and oil roasted; granulated peanuts; peanut meal; peanut butter; and peanut paste.

It appears the only safe peanut butter is in brand-name jars on store shelves. Hundreds of other peanut and peanut-paste products have been recalled so far.

This latest Salmonella outbreak follows last April’s Salmonella Saintpaul outbreak due to tainted tomatoes. Nearly 300 Americans fell ill as a result.

SYMPTOMS

Most people infected with Salmonella develop diarrhea, fever, and abdominal cramps 12 to 72 hours after the infection. The illness usually lasts 4 to 7 days. Although most people recover without treatment, severe infections may occur. Infants, elderly persons, and those with impaired immune systems are more likely than others to develop severe illness. In more severe cases, Salmonella Saintpaul poisoning can cause death.

YOUR RIGHTS

O’Brien Boyd attorneys have handled many food-poisoning cases over the years. This is an area of law that requires certain unique knowledge and skill. If you or someone you know has gotten sick from tainted tomatoes or peanut butter, you need the experience of O’Brien Boyd, PC, on your side. Call now for a free consultation consultation: 716-839-7777.



December 29, 2008 - Buffalo Ball Drop Fetes Champion UB Football Team on New Years Eve 2008/2009

Buffalo, NY – The 21st annual Buffalo Ball Drop & Fireworks Display at the Electric Tower, presented by 97 Rock (WGRF-FM), will be honoring UB Bulls Football on the stage in Roosevelt Square on New Year’s Eve in downtown Buffalo.

The event, held annually at the Electric Tower in downtown Buffalo, is highlighting the team, heading for the International Bowl in Toronto, to be played on January 3rd. All the major UB sports teams will be on-stage including basketball coach Reggie Witherspoon and UB president John Simpson, who will introduce a special segment on the video screen that features the football team, which will be in Toronto preparing for the big game against U Conn.

97 Rock (WGRF-FM) morning show personality Larry Norton once again will be hosting the show and the fireworks: “Every year we do something different for the 40,000 or so hardy folks who come down to see us. This year we have a special celebration of our University’s champion gridders as they finish their most successful season on record”. The radio station started the Ball Drop as a gift to listeners and the City of Buffalo upon their return to the airwaves 21 years ago.

The Ball will drop in synch with its sister in New York’s Time Square and a giant fireworks display will start immediately. The show is choreographed to classic rock music for 15 minutes at multiple launch points on the tower.

The event begins at 10:30 PM with entertainment from 97 Rock’s Norton and station deejay Dave “DJ Jickster” Gick from the New Era Cap Stage. A presentation looking back over the last year will be played on the giant video screen.

Mainstay sponsor Independent Health is again the major presenter and is bookending the night with their First Night Buffalo family activities at the Convention Center from 5 to 10pm and the Ball Drop.

“Independent Health is pleased to sponsor the Buffalo Ball Drop and help ring in the New Year in Western New York,” said Michael W. Cropp, M.D. president, chief executive officer, Independent Health. “The New Year is a time for making resolutions, setting new goals, and making a fresh start. Independent Health is dedicated to helping people fulfill those resolutions by offering a variety of health and wellness programs, activities and events. I encourage everyone to join us at the Buffalo Ball Drop on New Year’s Eve in downtown Buffalo and take the first step toward a healthier life in 2009.”

“We now have the second largest Ball Drop in the United States”, said John Hager, Operations Manager for Citadel Broadcasting Buffalo, owner of 97 Rock. “This is a testament to our people and the people who help us put this huge event on, The Police Athletic League’s Sue Gonzalez and Paul Iskalo of Iskalo Development, owner of the beautiful Electric Tower, and Buffalo Place”

O’Brien Boyd Attorneys are joining in the celebration this year, urging an enjoyable, yet safe night for the First Night activities. “The Ball Drop is a unique part of what it is to grow up in Buffalo. It is just another example of people in Buffalo finding a responsible way to celebrate with their families. We are glad to be a part of the celebration,” said attorney Steve Boyd of O'Brien Boyd.

Additional sponsors include Russell Salvatore, who is providing-for the giant fireworks display, Time Warner, Chef’s Restaurant, Awnings plus, and New Era Cap Company.

A press conference to officially announce the 2008/2009 Buffalo Ball Drop & Fireworks Display will be held at New Era Cap Company’s gleaming new downtown Buffalo headquarters building and retail store, 160 Delaware Avenue at 10am on Tuesday, December 23, 2008. Buffalo Mayor Byron W. Brown and the sponsors will speak. Host emcee will be 97 Rock’s Larry Norton.



November 4, 2008 - Welcome to the New ObrienBoyd.com

We’ve changed our look and added more content to our website. The goal is to provide more information to injured people and their families.

Glance to the right side of the page, and you will see three categories that will hopefully answer your questions and provide new information about the types of injuries, types of accidents and insurance issues facing injured people. We hope that by providing you with more information, we can assist you in making the right choice when it comes to the legal aspects of your injury claim.

We understand that our clients have been through a lot. We know that insurance companies are aggressive in keeping honest hard working families from the benefits to which they are entitled. For the Insurance companies it’s about corporate profit. For injured people and their families it’s often a battle to put food on the table while they work to put their lives back together.

While our look has changed, our commitment to our injured clients remains steadfast. The people at O’Brien Boyd, PC are dedicated to the same principles that we shared when we first formed this law firm. When it comes to the families of people injured by somebody else: Justice is worth fighting for.



November 3, 2008 - Drunk Drivers Ruin Lives

Every 33 minutes someone else is killed by a drunk driver in the United States.

Too many times, an O’Brien Boyd attorney has had to sit down with a family whose loved one is in a trauma unit or has been killed by a drunk driver. These needless deaths – and the countless injuries caused by drunk drivers – are the reason why the attorneys at O’Brien Boyd have taken such a strong stance against drunk driving and make a difference.

At O’Brien Boyd, they don’t represent drunk drivers – they sue them.

Throughout Western New York, drunk drivers are now on notice. If people drink, drive and hurt someone, O’Brien Boyd will not hesitate to go after them. The attorneys at O’Brien Boyd simply will not allow drunk drivers to continue to harm innocent people in our community.

Of course, O’Brien Boyd will keep fighting for justice for the families of those who are hurt or killed by drunk drivers. And by taking such a firm stance against drunk driving, the attorneys at O’Brien Boyd will also help make sure that Western New York becomes a community where drunk driving crashes become the exception instead of the rule.