General

• "Hot Coffee": A Movie you must see
  Nov 14, 2011

  On November 1, 2011, HBO Films released a documentary, "Hot Coffee", about America's civil justice system.  "Hot Coffee" is named after the well-known case arising from McDonald's coffee that caused severe, third degree burns and multiple skin grafting operations on Stella Liebeck, a 79 year old Albuquerque, New Mexico resident who spilt the coffee on her lap.
  
  "Hot Coffee" explores the facts of the McDonald's coffee case and contrasts the public perception of that case with the facts.  While members of the public universally condemn the McDonald's coffee case as an example of "jackpot justice" at its worst, the facts of the case tell a different story. 
  
  The facts of Stella Liebeck's case were that she sustained severe, third-degree burns to her pelvic area necessitating three skin-grafting operations.   Photographs showing the burns are grotesque.   The lawyers for Ms. Liebeck discovered that McDonald's had a corporate policy of overheating their coffee by 40-50 degrees, which was designed to reduce the number of customers asking for free refills. McDonald's had 700 documented complaints of scalding burns caused by their hot coffee.  McDonald's did nothing in response to the 700 complaints about their "hot" coffee.
  
  Notably, the director of McDonald's risk assurance department testified matter-of-factly at a deposition that McDonald's coffee was not fit for consumption at 180-190 degrees (its desired temperature under McDonald's corporate policy) and if a consumer drank the coffee at that temperature, it would burn them.
  
  A jury found Stella Liebeck partially at fault for spilling the coffee on herself and found McDonald's at fault for its corporate policy of overheating coffee to extreme temperatures and ignoring repeated burn injuries caused by their coffee.  Compensatory damages for Ms. Liebeck's injuries of $160,000 were modest given her severe injuries, and the punitive damages of $2.7 million were later reduced by the Court to $480,000.
  
  When random members of the public were shown photographs of Ms. Liebeck's severe pelvic burns, they were shocked and they could not believe that a single cup of coffee could have caused such injuries (you have to see the photographs to believe this).  When informed that McDonald's had a corporate policy of overheating their coffee and McDonald's had received 700 complaints of burns caused by their coffee, their indignation rose.
  
  After getting the actual facts of the McDonald's case, the persons interviewed for "Hot Coffee" stopped laughing at the McDonald's case and many expressed the view that the jury did not go far enough with their verdict.  After the jury's verdict in Albuquerque, New Mexico, McDonald's changed its corporate policy by reducing the temperature of its coffee.  A single lawsuit prevented innumerable burn injuries by forcing McDonald's to change its corporate policy.
  
  "Hot Coffee" does an excellent job of illustrating the difference between perception and reality.  The perception of the public is that Stella Liebeck scammed McDonald's for millions for a minor injury that was completely her fault.  The reality of the McDonald's case is that Stella Liebeck sustained severe injuries by scalding hot coffee that was deliberately overheated by McDonald's in order to maximize their profits from coffee sales.
  
  For those interested in learning the truth about America's civil justice system, the movie, "Hot Coffee", is a fantastic primer.
  
  If you have any questions about "Hot Coffee", I welcome your phone call on my toll-free cell at 866-889-6882.  You can request a FREE copy of my book, The Seven Deadly Mistakes of Malpractice Victims, by sending me an e-mail at jfisher@mmolaw.net.
  
  
  
  

• Kingston, New York medical malpractice lawyer speaks at Marist College
  Aug 01, 2011

  On July 27, 2011, John H. Fisher spoke at Marist College at their "Project Upward Bound Career Fair" in Poughkeepsie, New York.
  
  The career fair entailed three 25-minute speeches with high school students from Poughkeepsie and Newburgh.  Mr. Fisher answered the students' questions about his career as a medical malpractice lawyer.  The emphasis of John's speeches to the students was to "find what you love doing and make it your career".  The hours of a lawyer are long and the work is not glamorous, but if you love what you do, you won't work a single day in your life.
  
  Mr. Fisher gave the students free copies of his book, The Seven Deadly Mistakes of Malpractice Victims, and he discussed the most common misconceptions about medical malpractice and injury law. 

• Kingston, New York medical malpractice lawyer, John H. Fisher, receives highest "AV" rating from Martindale-Hubbell's Peer Reviewing Ratings
  Jul 09, 2011

  On July 8, 2011, Kingston, New York medical malpractice lawyer, John H. Fisher, received an "AV" rating from Martindale-Hubbell's Peer Review Rating for legal ability and ethical standards.
  
  Martindale-Hubbell, whose 140 year history began in 1868, has long been the gold standard for assessing the legal ability and ethical standards in the legal profession.  The Martindale-Hubbell Peer Review Ratings reflect the anonymous opinions of members of the legal profession and the judiciary and attest to a lawyer's legal ability and professional ethics. The selection process is random and provides an objective indicator that a lawyer has the highest ethical standards and professional ability.  A lawyers' peers--the persons best suited to assess legal ability--are directly involved in the process.
  
  Legal Ability ratings are based on performance in five key areas, rated on a scale of 1 to 5 (with 1 being the lowest and 5 being the highest).  These key areas are Legal Knowledge, Analytical Capabilities, Judgment, Communication Ability and Legal Experience.  The Martindale-Hubbell Peer Review Rating includes an average numeric rating, a rating term and may include a certification mark in the following categories: AV Preeminent (4.5 - 5.0), BV Distinguished (3.0 - 4.4) and Rated (1.0 - 2.9).
  
  John H. Fisher received a numeric rating of 4.7 out of 5 and a rating of "AV Preeminent".  Throughout the years, holders of Martindale-Hubbell's "AV" peer review  rating include President Barack Obama and former U.S. Supreme Court Justice, Sandra Day O'Connor.
  
  John H. Fisher is the author of a book, The Seven Deadly Mistakes of Malpractice Victims, in which he explains the ins and outs of a New York medical malpractice claim and the misconceptions of consumers about malpractice law.  Mr. Fisher offers his free of charge as a public service to patients and their families. 

• $2 million settlement for stroke caused by atrial fibrillation
  Oct 05, 2010

  On October 4, 2010, John Fisher settled a case against a primary care physician from Saugerties for $2 million in Supreme Court, Ulster County.  The case settled during a break in jury selection on the first day of the trial.
  
  In May, 2008, the elderly patient had a near-syncopal episode in which he suddenly and unexpectedly passed out and fell while shopping in Catskill, New York.  The patient was brought to the emergency department of the Kingston Hospital and a 12-lead EKG revealed newly detected atrial fibrillation.  The patient was seen by his primary care physician at the Emergency Department and he was diagnosed with a vasovagal reaction.
  
  Atrial fibrillation is a heart disorder that is well known to cause blood clots in the left atrium of the heart and such blood clots will often travel from the heart through the aorta and carotid artery to the brain.  When a blood clot blocks a cerebral artery, the blockage of the blood supply to the brain can have devastating results, such as a stroke, brain damage and partial paralysis and sometimes death.
  
  Atrial fibrillation causes 25% of strokes in America and the standard of care is to treat the atrial fibrillation with anticoagulant medication ("blood thinner"), known by as Coumadin or Warfarin.  It is commonly accepted that anticoagulant therapy reduces the risk of a stroke for patients with atrial fibrillation by seven-fold.  While there is no guarantee that the patient will not suffer a stroke with anticoagulant therapy, the chance of a stroke is substantially reduced.
  
  After leaving the Kingston Hospital, the patient began experiencing problems with his memory and he was taken to see his primary care physician three days later in Saugerties, NY.  The primary care physician did not perform an EKG or refer the patient to a cardiologist and he did not prescribe anticoagulate thereapy for the patient despite the high risk of stroke associated with atrial fibrillation.
  
  In January, 2009, the patient had a massive embolic stroke caused by atrial fibrillation and he was hospitalized at the Kingston Hospital, Benedictine Hospital and the Northern Dutchess Hospital for three months.  CT scans of the brain revealed that the patient had a blood clot in the right side of his brain that caused an ischemic stroke (lack of blood supply to the brain).  The stroke caused partial left-sided paralysis and brain damage with significant cognitive deficits.  The patient is confined to a wheelchair and undergoes physical, occupational and speech therapy.
  
  A Life Care Plan was prepared by Joseph Carfi, M.D., a physiatrist from Lake Success, NY, that detailed future medical expenses of the patient estimated to have a present day value of $1.1 million.  The plaintiffs had additional expert witnesses in the fields of internal medicine, cardiology, neuro-radiology, economics and neurology.
  
  The settlement will be used to ensure that the stroke victim will be able to afford the best medical care over the remainder of his life and improve the quality of life of his wife.

• Bus accident in Saugerties settles for $365,000
  Sep 17, 2010

  On September 15, 2010, John Fisher reached a settlement in the sum of $365,000 at mediation in a bus accident case against the County of Ulster causing injuries to four children.  Honorable Howard Levine, retired Court of Appeals Judge, was the mediator.
  
  On June 9, 2009, the children, ranging in age between 3 and 7 years old, were passengers in a bus that was transporting them from Wolf's Daycare Facility in Lake Katrine to their home in Saugerties, when the bus driver accidentally crossed double yellow lines into the opposing lane of travel on Glasco Turnpike in the Town of Ulster.  The bus and a car were demolished in the head-on collision in the eastbound lane of Glasco Turnpike near its intersection with State Route 9W.
  
  Of the four injured children, the most signficant injury involved a comminuted fracture of the mandible (jaw) of a 5 year old that required four operations at the Albany Medical Center Hospital.  Plates and screws were surgically installed in the middle portion of the infant's jaw and she underwent debridement (removal of dead skin tissue) of the complex lacerations on her lower chin and unde her left eyelid. Treating plastic surgeon, Robert DeFatta, M.D., of the Williams Plastic Care Center in Latham, provided stellar medical care for the injured child.  After the operations, the infant was left with scarring on her chin that will require a revision of the scar and she will have an increased risk of temporomandibular joint (TMJ) disorder as a result of her dislocated jaw bone.  The 3-year old child sustained a fractured clavicle (collarbone), but recovered nicely.
  
  Under New York law, the settlement proceeds will be deposited in a trust for the sole benefit of the children.  The settlement proceeds can only be invested in government insured bonds until the children reach the age of majority
  (18 years old in New York).

• John H. Fisher Starts New Website to Educate Public
  Aug 09, 2010
  A companion site, www.protectingpatientrights.weebly.com, was created by John H. Fisher to continue to educate the public about medical malpractice, nursing home negligence, and birth injuries. Check it out to find new blog entries, helpful links, and other resources. 

• John Fisher is excited to join Mainetti, Mainetti & O'Connor, P.C.
  Jul 10, 2010

  John Fisher is excited to announce that he will join the law firm of Mainetti, Mainetti & O'Connor, P.C. on Monday, July 12, 2010.
  
  After 14 years as a partner with Powers & Santola, LLP, John will be accepting referrals of serious and catastrophic personal injury and medical malpractice claims at Mainetti, Mainetti & O'Connor, P.C., a prominent personal injury law firm in the mid-Hudson Valley.  John will continue to devote his practice to the representation of victims of negligence in medical malpractice, nursing home neglect, legal malpractice and general personal injury cases.
  
  John will appreciate referrals from lawyers throughout the United States and he will continue to pay generous referral fees as permitted under New York law.