This case was brought by the husband of a nurse’s aid who was struck and killed by a car while crossing the street in a Hudson River village. After completion of extensive pre-trial proceedings, while awaiting trial, the case settled.
A 43 year-old good samaritan and her husband stopped their 18-wheeler on the shoulder of Interstate 287. They came to the aid of a motorist in distress who crossed over the highway median, striking an embankment and dislodging a boulder into the roadway. An inattentive motorist traveling at a high rate of speed struck the boulder, propelling it onto the shoulder of the road where…
A pediatric ophthalmologist failed to diagnose a brain tumor causing vision loss.
December 16th, 2016
These days there are many legal shows on TV. Often, the stereotype and public perception is that all lawyers are rich, confident and glamorous. Wrong! People imagine, well I can’t go to law school myself so then I’ll date a lawyer as the next best thing. Maybe! Cosmo magazine listed 5 reasons to date a lawyer saying that lawyers “…are a perfect mix of class…
A husband and wife, whose vehicle was struck by tractor trailer while waiting to pay a toll, received a $660,000 pain and suffering settlement. Both clients required spinal surgery. This settlement was achieved despite a major unexpected obstacle which arose when the victims’ own insurance company “became the enemy,” and refused to reimburse the surgeons; claiming the procedures were not medically necessary! In a subsequent…
A postal worker in his late 40’s slipped on ice while delivering mail. He suffered a low back compression fracture which healed, but his low back pain never subsided which required low back surgery. A few years later he required a low back implant of a pain medication pump device. Serious case challenges were overcome to successfully achieve the settlement because the biased Post…
A 36 year old plumber was driving on the NYS Thruway, when another vehicle, who wasn’t paying attention, cut him off. Our client sustained a serious disc injury requiring surgery.
September 8th, 2014
Join Rob Fellows Sunday, October 19, 2014 for the annual United Hospice of Rockland’s Gala, Dancing With Our Stars. Enjoy a glamorous evening filled with cocktails, appetizers, dinner, great auction prizes and watch our fabulous local celebrity dancers perform. Cocktails start at 5 PM, dinner at 6 PM at the Colonial Inn in Norwood, New Jersey. This year’s honorees are Thomas Zugibe & family in…
A college student went to a physician seen on TV. She had symptoms of fever and neck stiffness. The doctor failed to timely diagnose and treat acute bacterial meningitis. The delay caused a two week coma and some cognitive defects. Shortly before trial, the doctor’s insurance company settled.
A construction worker was injured at a drainage project when a heavy bucket from an excavator detached knocking him into a ditch and causing back and knee injuries. Efforts to blame our client for violating work site regulations were unsuccessful.
A carpenter involved in an auto crash sustained an amputated fingertip on his non-dominant hand with scarring of the arm. The case settled before pre-trial depositions.
A disabled child was injured when a physical therapist used a specialized technique practiced only by a handful of therapists in the United States. The child’s leg was broken. The therapist claimed that the technique used was properly applied. He argued that the child’s pre-existing disability made her susceptible to fractures and that medical records showed that the child returned to her preexisting condition within…
A middle-aged man presented to the emergency room with severe abdominal pain. He underwent a CAT scan but the images were not reviewed. Had they been studied, surgery would have corrected the problem. Instead, the patient deteriorated causing life threatening complications. The case settled prior to jury selection.
National Dog Bite Awareness week is a national campaign set fourth with a mission to increase pet ownership responsibility and inform safety tips. Below is an infographic highlighting statistics surrounding dog bites, showcasing the actual significance and seriousness of these continually intensifying attacks.
May 9th, 2014
A teacher from Nyack who can’t stand up without pain in her foot due to what she said was botched surgery she had as a teenager won a $775,000 judgment against the podiatrist who performed the operation. Inayah Davis was 16 when she consulted Bardonia podiatrist Ira Bernstein in 2008 about a bunion, according to court documents. Bernstein recommended surgery to remove the bunion. Davis…
May 7th, 2014
Big Brothers Big Sisters of Rockland County is pleased to announce that Kimberly Sofia, Esq., has joined the 2014 Board of Directors. The organization is exceedingly grateful to all those wonderful members of the board who provide such dedicated support and commitment to the organization’s mission. Find out more about Big Brothers Big Sisters and how you can get involved here: http://bbbsofrc.com/
A teenager underwent bunion and hammertoe surgery. It was contended that the podiatrist failed to recommend conservative and non-invasive alternatives before operating. It was also claimed the operation was performed without the patient’s informed consent. The podiatrist contended that the operation performed was necessary and was consistent with good and acceptable care. A Rockland Jury disagreed.
While out riding her bicycle, our client was struck by a truck. She suffered a fractured pelvis and a closed head injury. The case settled before examinations before trial for policy limits
April 21st, 2014
Riding a bicycle to school can be fun for your child, but can also create concern and stress as a parent. The best way to prepare your child to ride their bike to school is to practice together. Ride bikes together using the safest route. Show your child the safety rules by slowing down at stop signs, signaling when necessary and abiding by the bicycle…
April 9th, 2014
Buffalo Sav Inc. Issues Allergy Alert On Undeclared Soy In “Grandma’s Perogies Potato & Bacon Perogies” Buffalo SAV Inc of Buffalo, NY is recalling its 907 g (2 lb) package of Potato and Bacon perogies Grandma`s perogies brand because it may contain undeclared soy protein allergen. People who have an allergy or severe sensitivity to Soy protein run the risk of serious or life-threatening allergic…
March 28th, 2014
Oscar’s Smokehouse, Inc. Recalls “Eleven Varieties (11) Of Cheese Spreads” Because of Possible Health Risk The food manufacturing company, Oscars Smokehouse Inc. of Warrensburg, New York is recalling eleven (11) of its 7-oz. “CHEESE SPREADS” varieties marked with 3 digit lot numbers ranging from” 719-959” because they have the potential to be contaminated with Listeria monocytogenes: -JALAPENO PEPPER CHEDDAR SPREAD, NET WT 7 OZS. -CHEDDAR SPREAD…
March 21st, 2014
With all of the technology out there today, it means that bullying isn’t limited to schoolyards or street corners. Cyber bullying is becoming a daily occurence for many teens and it is creating a big problem amongst America’s youth. Most teenagers don’t think about being a victim of bullying or becoming a bully themselves. But with the constant availability of mobile devices and computers, kids react…
February 11th, 2014
When Driving…make sure you’re not a Distracted Driver. Don’t eat behind the wheel. While it is important to practice the golden rule of eating three meals a day, we advise drivers to avoid doing it while behind the wheel. Spilling a hot beverage, the distraction of eating behind the wheel or sudden choking can all be the cause of a serious car accident. Take a…
December 13th, 2013
If a loved one has died in a wrongful death accident, and they do not have a will, this could present many legal problems. The importance of having a will, guarantees that your assets will be dispersed as you wish. A wrongful death accident can occur from a car accident, a botched medical procedure or a fatal medical condition. Protect yourself and your loved ones…
December 6th, 2013
Recently Ford Motor Co. issued a recall for its popular Escape Crossover. This is the seventh recall to affect the Escape Crossover since its 2013 redesign. Reports indicate that the engine can overheat, causing fuel and oil leaks due to cracked cylinder heads. These leaks result in a serious fire risk. There have already been 13 fires reported as a result of this defective engine…
November 27th, 2013
Cyberbullying occurs when a child or teen is tormented, threatened, harassed, humiliated or otherwise targeted by another child or teen using the Internet, interactive digital technologies or mobile phones. Although cyberbullying is not physical harassment, it can still cause some very real problems: depression, emotional trauma and tragically, even suicide are not uncommon. Victims often receive hostile and demeaning Facebook posts, text messages, and tweets…
November 11th, 2013
Leading tire manufacturers often find themselves having to issue recalls after their tires prove unsafe or hazardous to drivers. In July of 2013, Michelin alone was forced to recall 100,000 of its tires that were not up to industry standards. Tire failures occur thousands of times yearly, causing destruction of property, devastating injuries, and even death. Unfortunately, these accidents can be a result of tire…
October 31st, 2013
Trick or Treating is an event that children of all ages look forward to every year. Before you head out this Halloween night, here are a few important tips and tricks that will help make sure you have a safe and enjoyable experience: Plan your trip ahead of time Try to stick to well-lit paths and trails that both you and your children are familiar…
October 15th, 2013
As fall daylight shortens parents are urged to make sure that their children are as safe as possible as they travel to school and after-school activities. Daylight savings begins November 3rd, and will further reduce the hours of visible sunlight each day. In the fall season many motorists may not account for the diminished visibility during their daily commutes. The National Highway Traffic Safety Administration…
October 7th, 2013
Motorcyclists are very vulnerable on the roadways. They have limited protection against other vehicles, distracted drivers, dangerous weather conditions and other road hazards. After a motorcycle accident, it can be hard to prove who is at fault. Occasionally liability in a motorcycle accident may be cut and dry; however it is common that many causes are not easily determined instantly. Motorcycle accidents can occur even…
September 27th, 2013
Dogs are man’s best friend and provide countless hours of love and affection, however dog attacks are still a very real problem in America. An ounce of prevention goes a long way. There are several important and useful steps you can follow to keep yourself safe and reduce your risk of being a victim of a dog attack. Never confront an unfamiliar dog The most…
September 19th, 2013
Transportation logistics is a trusted and necessary industry, which brings goods cross-country to millions of consumers and businesses. With the thousands of trucks on the roads 24/7, in order to keep this industry as safe as possible, there are many strict rules, regulations and guidelines that transportation companies and drivers must adhere to. Unfortunately, often times these regulations are not followed and serious accidents occur,…
September 6th, 2013
Each year injuries from fall sports are responsible for sending 480,000 kids to emergency rooms across the country. Fall sports are a great way for children of all ages to learn the merits of teamwork and strategy, while also helping to keep them physically fit. In today’s age of internet and television, fall sports often play an important role in battling childhood obesity. Unfortunately with…
August 27th, 2013
Freddie Martin’s family is suing Featherbed Holdings LLC, which owns the Nelson St. building in the Bronx where Casmine Aska, 17, allegedly threw the 9-year-old from the roof. They claim the landlord did not properly moniter the top of the building Read the full article here
August 14th, 2013
The FDA recently issued an official statement informing the public of rare but severe side effects that can develop after taking the drug acetaminophen, an over the counter (OTC) pain reliever and fever reducer. After taking acetaminophen some individuals can develop Stevens-Johnson Syndrome (SJS). This is a severe and potentially life threatening skin reaction that causes blistering and shedding of the upper surface of the…
August 6th, 2013
Flat screen TVs can be found in a large percentage of American homes, however most of us don’t think of them as being dangerous to our children. A recent study published by the Journal Pediatrics shows that flat screen TVs pose a much higher injury risk to children than previously thought. Frightening Statistics On average 17,000 children are hospitalized from TV related injuries each year,…
July 29th, 2013
On July 20th The Rockland Center for the Arts was awarded a generous grant from Wells Fargo Bank. Robert Fellows, President of RoCA’s board of directors, accepted the grant on RoCA’s behalf. Funding will help subsidize Art Worlds, a pilot after school educational outreach art program for students (grades 1–12) in Spring Valley, NY who would not ordinarily be exposed to the arts. To read the…
July 16th, 2013
Fellows Hymowitz is proud to announce that firm associate Kimberly Sofia was recently appointed as the Director of the New Lawyers Committee to the Rockland County Bar Association. On June 27th Kim and the other newly selected Board of Directors were sworn in at this year’s annual Rockland County Bar Association General Dinner Meeting at the Paramount Country Club in New City. Kim is honored…
July 1st, 2013
Recently Robert Fellows of Fellows Hymowitz PC attended Governor Andrew Cuomo’s State of the State and Budget message Presentation at Purchase College. There Governor Cuomo unveiled plans to stimulate both job and economic growth, establish a world-class education system, and maintain fiscal integrity and discipline. “Jobs and education are our key 1-2 punch” Gov. Cuomo stated. While discussing plans to keep New York on track,…
June 18th, 2013
Nursing Home Abuse: More Common Than You May Think Studies show that 1 to 2 million Americans over 65 have been abused, neglected or mistreated by a trusted caregiver. Furthermore, one out of every three nursing homes across the country have been cited for nursing home abuse. This abuse can include neglect, physical, sexual and emotional abuse. Unfortunately, many of these cases go unreported. What…
June 12th, 2013
What Is A Wrongful Death Claim? A wrongful death claim occurs when a person dies due to the legal fault or negligence of another person. The right to file a wrongful death claim in America has not always existed and is a relatively new concept. Before the late 1800’s people who had family members and loved one die as a result of the negligent actions…
May 28th, 2013
Drunk driving accidents would disappear completely if people would only first think of their personal safety and the safety of others before getting behind the wheel. Unfortunately across America drunk driving statistics continue to climb: according to the National Highway Traffic Safety Administration over 10,000 people are killed each year as a result of alcohol related crashes, accounting for an overwhelming 31% of all traffic deaths….
April 30th, 2013
Cook Medical has initiated a nationwide recall of its Zilver PTX Drug Eluting Peripheral Stent after receiving several complaints about delivery system tip separation issues. Two adverse complications, including one death, occurred in cases where a tip separation was reported. The recall includes all sizes, diameters and lot numbers of the defective product. These devices were distributed to medical institutions and distributors across the United…
April 23rd, 2013
Distracted driving, especially people texting while driving, is an extremely big problem facing American motorists. According to a study by the National Highway Traffic Safety Administration, over 20% of automobile accidents are the direct result of distracted driving, with over 9% of these accidents ending in fatality. New Problems Today’s drivers face problems that didn’t exist in earlier generations. In this day and age everyone seems to…
March 20th, 2013
A Widespread Problem Medical malpractice affects thousands of people every year, causing severe injuries, millions in additional medical costs, emotional pain, loss of quality of life, and even death. Given these distressing emotional and financial consequences, it is important to learn what steps you can take to be as proactive as possible regarding your personal medical care and that of your loved ones. It is…
February 25th, 2013
Recalled Product Name: Siemens Q-Series Temperature and Humidity Sensors 57,000 of these sensors were previously installed in hospitals, schools, and businesses across the United States. The affected items manage air conditioning, heat, and humidity inside many commercial buildings and public properties. These sensors overheat and pose a severe fire danger to anyone inside the building. Several fires have already been blamed on these defective products….
February 19th, 2013
A 9-year-old Bronx boy who nearly died after allegedly being thrown from his apartment building’s roof has woken from a coma — and talked to NYPD detectives investigating the neighbor accused of trying to kill him, sources told The Post. Those detectives were hoping to obtain a more detailed account from young victim Freddy Martin about how Casmine Aska, 17, allegedly hurled him from the…
February 18th, 2013
Rob Fellows has been chosen as one of sixteen experts to serve on a visual quality panel for the new Tappan Zee Bridge, aimed at improving the aesthetics of the new bridge and hearing community input about its appearance, the state Thruway Authority announced today. The panel will provide guidance to the contractors for the project, Tappan Zee Constructors, who have already released preliminary designs….
February 12th, 2013
Items Affected: About 12,200 2012 and 2013 Specialized brand bicycles and framesets are being recalled due to an improperly manufactured assembly part. The steerer tube in the bicycle’s front fork can break while in use, causing a severe fall and injury hazard. The model name “Tarmac SL4,” “Crux” or “Secteaur” is located on the frame of the affected items. This recall includes all models of…
January 21st, 2013
Before you commit to robotic surgery, you should know all the facts. Hysterectomies are currently the most frequent procedure performed by Intuitive’s daVinci Surgical robot. Patients contemplating robotic surgery are typically told that surgeries with the daVinci robot are safer, and result in a faster healing time after the procedure despite there being a lack of credible scientific evidence to substantiate this claim. In December…
January 11th, 2013
Millions of people were injured last year due to slip and fall and other premises liability accidents. Property owners have a legal responsibility to keep their premises safe. Not only must an owner maintain the property to adhere to all local property laws regarding how the property looks and any applicable permits and keeping valid insurance, but they are also responsible for making sure the…
November 26th, 2012
In 2012, despite the committed efforts of several state and local lawmakers across the country, traffic accidents are still on the rise nationwide, including fatalities. According to the Federal Administration, the first six months of 2012 saw an increase of auto accident fatalities when compared to the first six months of 2011. Now more than ever, drivers should be prepared before an accident occurs. …
November 13th, 2012
Many products today are manufactured unsafely, causing consumers to fall victim to injury, and even death. You may have read a story about a child’s toy that was defective or a prescription drug that has dangerous adverse reactions, or maybe a medical device that was harming patients. These “defective products” are all too common and plaintiff lawyers are the gatekeepers that fight the big pharma…
October 12th, 2012
Negligent security cases occur when either business owners, property owners or landlords do not provide enough security for individuals on their property. Typically in cases like this the injured party is a victim of a mugging, rape, or assault that could have been prevented if the property owned had adequate security precautions. Things like broken door locks, inadequate lighting in parking lots and outdoor areas,…
October 12th, 2012
Nobody ever expects to be in a car accident, yet they happen every day. It is important to always be prepared with a game plan before an accident occurs to avoid any complications and to make sure you are in good standing if you are injured and need to seek reimbursement for your losses. After a car crash occurs it is imperative that you record…
September 26th, 2012
When it comes to drawing an audience for the arts, Rockland County is David to the Goliath of New York City. But when it comes to attracting artists,the region has assembled a pantheon of American cultural deities worthy of Mount Olympus. Robert Fellows, managing partner of the law firm of Fellows Hymowitz PC, is on The Rockland Community Foundation Board of Directors. Rob supports and…
September 4th, 2012
Did you know? Most at-home computer security software offers a “family friendly” feature allowing parents to restrict access to and from countless websites. Often time’s hackers and internet predators develop Pop-ups attractive to young children that once clicked lay tracks and recording bugs granting them access to view all internet surfing including confidential online transactions and email exchanges. Danger can also be masked as fraudulent…
ROCKLAND COUNTY, NEW YORK – The Rockland Community Foundation is pleased to announce the appointment of Robert Fellows to its Board of Directors. Rob is managing partner of the law firm of Fellows Hymowitz, PC, located in New City, New York and has achieved a reputation for excellence in the area of personal injury litigation. “Rob’s unique combination of legal acumen, business expertise and a…
A young man in Rockland County went to the Emergency Room with an eye injury that was misdiagnosed, resulting in the loss of his eye. Settled during a pre-trial conference.
A senior citizen was forced to undergo a below-the-knee amputation after improperly performed vascular surgery damaged the blood supply to her leg. We obtained a court order directing the hospital to retain the amputated leg. The evidence that our rapid response enabled us to develop was critical in obtaining a significant settlement.
An intoxicated 16-year-old purchased alcohol from another minor. While driving under the influence, he was involved in a motor vehicle crash and suffered a serious spinal cord injury. His blood alcohol level upon arrival at the emergency room was one and a half times the legal limit. Among other defenses, it was argued that our client was not wearing a seatbelt, which would have prevented…
A 32-year old karate instructor with a pre-existing back condition was involved in a car crash in Nassau County, injuring his neck and back. Three years later, while working as a New York Times delivery driver, he was involved in another accident in Manhattan, worsening his back condition. He underwent spinal fusion surgery and claimed a future reduction in earnings since he was no longer…
Working with North Carolina counsel, we obtained a pre-trial settlement for a man who sustained a closed head injury when he was hit by a police car.
Jury verdict in Richmond County for Staten Island truck driver and his wife. Five-vehicle accident on the Brooklyn-Queens Expressway.
An elderly couple sustained fractures when their vehicle was hit by another car pulling out of a driveway on Route 202 in Suffern. There were issues surrounding the severity of their injuries and who was at fault. Settled before jury selection.
Our client’s car was struck by a tractor-trailer in Dutchess County. The driver sustained neck injuries and his passenger, back injuries; both required spinal surgery. The insurance company attempted to discount our clients’ injuries by asserting that their surgeries were not related to the crash but those arguments were overcome and the case was settled.
A construction worker sustained a pelvic fracture and back injury requiring spinal surgery. The accident happened at a large Rockland County home improvement store. Since the defending corporations were based outside New York, the case was brought in United States District Court in White Plains and settled after several pre-trial mediation sessions.
While performing surgery to remove our client’s thyroid, a physician in Rockland County severed a nerve in her neck, causing vocal cord paralysis. The doctor argued that this was a risk of thyroid surgery but settled during jury selection.
An electrician fell from a ladder at a construction site in Suffern, fracturing both feet. After an appeal, the case was settled prior to jury selection.
A minister’s wife suffering from appendicitis went to the Emergency Room, but the staff failed to diagnose the problem. She ultimately died from a burst appendix. Settlement against an Orange County hospital on the day a jury was to be selected.
A farm worker in the Finger Lakes drove through a stop sign into the path of a truck. Before he came to us, another lawyer told him that he did not have a case. We determined that the truck was driving at high speed and that the stop sign was hidden by vegetation. Settlement during trial.
A woman receiving treatment for cancer in a Bronx doctor’s office suffered burns on her arm when the chemotherapy medicine was deposited under her skin rather than into a vein. Settled before the doctor’s deposition.
Award against the State of New York in the Court of Claims at White Plains for a car accident. Our client, in her mid-50s, was getting out of her car in a parking lot. A State employee backed out of the adjoining space, causing the driver’s door to close forcefully and pinning the woman’s knees against the doorframe. She suffered significant bilateral injuries. The State…
We represented 65 teachers, students, and staff members of a Bronx elementary school who were evacuated when fumes from a burn test of capsaicin at a pharmaceutical company across the street migrated through the air into the school. Our clients’ exposure to the fumes involved primarily transient reactions with no long-lasting effects. The case was settled at a pre-trial mediation.
A factory worker was burned when the textile machine he was using malfunctioned. We sued the manufacturer claiming that the machine was improperly designed, creating a foreseeable risk of serious injury. The defendant argued that our client caused his own injury by operating the machine in an unsafe manner but we overcame this defense through our investigation and extensive pre-trial proceedings. The case settled before…
A construction worker suffered a neck injury requiring surgery when he fell off an improperly guarded makeshift scaffold. We defeated defenses that the general contractor did not know that an accident occurred or that the victim worked at the construction site. It was also claimed that our client was not eligible for favorable treatment under New York’s “Scaffold Law” contrary to legal argument we advanced…
Dutchess County mediated settlement. A woman sustained back injuries from a rear end car accident necessitating spinal surgery.
A Rockland construction worker fell 20 feet off a roof at a residential renovation project in Connecticut fracturing his arm and sustaining neck and back injuries. Although unfavorable Connecticut Law applied, we demonstrated that the job site was unsafe despite the defense that the worker was the sole and exclusive cause of his injuries.
A bank worker was crossing the street on her lunch break and was struck by a car. We overcame the defense that she was negligent by walking across a heavily traveled roadway. She sustained several fractures. The case settled at a pre-trial conference.
The jury found that negligent application of hair perm chemicals in a West Nyack salon caused permanent skin damage. The insurance company offered a nominal sum; accepting our advice, the client refused.
A Rockland County woman received a settlement before jury selection in Westchester County for perforation of her colon during an operation.
Action settled in the Supreme Court, Bronx County, for a schoolteacher who sustained herniated discs. She was a passenger in a car that was rear-ended on the Cross-Bronx Expressway.
A couple and their daughter suffered neck, back and knee injuries in a Westchester County collision. Settled before trial.
Senior citizen recovering from an operation in a nursing home fell from her bed, fracturing her hip. After the jury found the nursing home negligent, the insurance company paid.
In Orange County, an improperly administered injection during pregnancy resulted in persistent sciatica. Settlement before trial.
Our client injured her wrist and elbow as a result of a fall on ice at a Dutchess County condominium complex. Settled.
Our client’s car was struck in a crossover accident. A senior citizen, she suffered neck and back injuries. The case resolved in Dutchess County Supreme Court.
Our 47 year old client was treated by a physician who was subsequently convicted of possessing heroin. We alleged that the doctor was addicted to heroin and impaired at the time he performed arthroscopic knee surgery and that the operation was improperly performed requiring another unnecessary reparative surgery.
Jury award for a 55-year old Rockland County mental health aide who was a front seat passenger in a low-impact collision with minimal damage to the car. However, our client sustained an aggravation of a pre-existing disc injury. The insurance company offered $5,000 so we took the case to trial.
Let me start off by saying Mr. Fellows truly lives up to his stellar reputation. I did thorough research before hiring him to represent me. That was the best decision ever! Only only did he achieved a better result than I expected, Mr Fellows also made the process a breeze. Excellent attorney all around, highly recommended!
