Finkelstein News

What Is Sepsis? Sepsis is the tenth leading cause of death in the U.S. The problem is that there isn’t a single test that can diagnose sepsis. Even a brief delay in treatment can be fatal. If you or a loved one have suffered from sepsis, contact us immediately. 750,000 Americans develop severe sepsis every year, according to an article in Bottom Line Personal Magazine. 40% of patients with severe sepsis will die.

According to the FDA on January 4, 2013, DePuy issued an Urgent Medical Device Recall informing hospitals and surgeons of the problem and to immediately stop distributing or using the recalled lots. The LPS Diaphyseal Sleeve is intended for use with the LPS System which is an end-stage revision knee product that allows surgeons to reconstruct severe soft tissue and bony defects.

A report by the Herald-Dispatch on January 25, 2013 states that young mothers tend to show a high rate of distracted driving. A new survey by the Safe Kids Worldwide and American Baby magazine found that 78% of mothers with children under the age of 2 admitted to talking on their cell phones while driving with their children in the car.

When it comes to protecting the rights of our nation's heroes, the Veterans Service Group at Finkelstein & Partners, one of New York State's largest personal injury and veterans' rights law firms, takes the job very seriously. In fact, they'll even take it to the Supreme Court. Andrew G. Finkelstein, the law firm's managing partner, announced this week that the U.S. Supreme Court ruled 8 - 0 in favor of Mr. David L. Henderson, a Korean War veteran. The court in, Henderson v. Shineski, decided that the right to "equitable tolling," a law which says that equitable issues can be considered when deadlines have passed, is available to Veterans. Mr. Henderson filed an appeal from the denial of service connected benefits. Unfortunately he missed the 120 day deadline for filing his meritorious appeal with the Veterans Court by just 15 days. As a result, he was denied the benefits he had earned as a serviceman.
Newburgh, NY - Men and women of our nation's armed forces have made great sacrifices in their service to our country. Now, thanks to a landmark case argued by Finkelstein & Partners' Veterans Services Group, they'll no longer sacrifice their health, well-being, or quality of life waiting for the benefits to which they're entitled.

On Monday, December 6, 2010, the case of Henderson v. Shinseki, was argued before the United States Supreme Court. The case involves the late David Henderson, who appealed the denial of his claim for funds to pay for in-home care related to his "service connected" schizophrenia. Mr. Henderson, who had 120 days to file a notice of appeal to an appeals court, filed it 15 days too late. The issue before the Court of Appeals was whether the 120 day deadline to file a notice of appeal should be applicable to Veterans whose very disabilities for which they seek services, can prevent them from appreciating and observing a deadline. During the argument, Justice Scalia indicated that 120 days was "a lot of time", however, fellow Justice Sotomayor asked Henderson's counsel to suggest a separate rule for Veterans' cases. Justice Breyer asked the government lawyer if he thought Congress would have intended to let big businesses extend their appeal because of excusable neglect, but not a wounded veteran with schizophrenia who has never had a day in court?

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