We strenuously oppose H.R. 1215 and so should you. Here are the facts:

On February 24, 2017, Representative Steve King, from Iowa’s 4th Congressional District, introduced H.R. 1215 to Congress. This bill, later to be known by the misleading name “Protecting Access to Care Act of 2017,” was created as part of the effort to repeal the Affordable Care Act. It is scheduled for House debate on Wednesday, June 28, 2017.


As per the bill’s original wording, H.R. 1215’s purpose is “to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.” It does nothing of the kind except to limit the rights of patients to file a lawsuit against a health care provider for medical negligence.


The passing of this bill puts the safety, protection and freedom of patients at risk. In a statement in opposition to H.R. 1215, Representative John Conyers, Jr., of Michigan’s 13th Congressional District, explained that the bill would give health care providers nearly blanket immunity, entitling them to legal protection for negligent care without a source of adequate compensation for a patient’s pain and suffering.


H.R. 1215 would also not lower health care costs. The rising costs of health care is a stated goal of the lawmakers who support the bill.  However, a study conducted by Northwestern University and the University of Illinois shows that there is typically a 4% increase in Medicare spending for those states that already place limits on non-economic damages because the costs to treat patients injured through medical errors are passed paid by the health insurance industry rather than through medical malpractice liability insurance, which would be severely capped by H.R. 1215.


Additionally, the bill eviscerates state sovereignty in this area. Traditionally, non-economic damages sought by medical malpractice lawsuits are regulated by the individual states, many of which have left it to a jury to decide the appropriate amount of compensation. H.R. 1215 oversteps state medical liability laws and asserts that non-economic damages may not exceed $250,000, even in the most catastrophic of cases.


Kerner & Kerner stands firmly in opposition to H.R. 1215 and supports patients’ rights to hold their health care provider responsible for costly medical mistakes that have long term and permanent consequences.  As a patient, you deserve to be protected from medical care that deviates from the standard of care existing in the community.  Please write or email your Congressman immediately to stand up and voice your opposition to this dangerous piece of legislation.  

Abuse and Harassment In The Workplace

It is hard to believe that in modern society, employees continue to experience daily abuse and discrimination in the workplace based upon their sexual orientation, religious affiliation and/or physical disabilities.  Make no mistake that the law protects you so that you do not have to suffer through such abusive conduct at your place of business.  You have an absolute right to earn a living in an environment that is free of such behavior.  If you have experienced verbal or physical abuse and/or discrimination on the job based upon your sexual orientation, religious affiliation or physical disability, call us for a free consultation.  We can help you get the justice you deserve. 

Patient contracts Hepatitis-c After Receiving Epidural Back Injections At Pain Clinic

We successfully represented a woman who contracted Hepatitis-c after receiving spinal epidural injections at a local pain clinic for back treatment following a motor vehicle accident.  After an investigation by the NYC Department of Health and information we obtained through litigation, we were able to demonstrate that the pain clinic and its anesthesiologists, in an effort to save money, were improperly re-usiing Propofol single dose vials upon multiple patients at the pain clinic which caused our client to contract Hepatitis-c.  

Additionally, we were able to demonstrate numerous other lapses in hygienic technique at the pain clinic which may have contributed to other patient's developing serious injuries and/or infections.     

The case settled for an undisclosed amount just prior to jury selection.

If you believe you or someone you know may have developed Hepatitis-c as a result of treatment rendered at a hospital or other medical facility, please call us to set up a consultation.


Citi Storage Fire in Williamsburg, Brooklyn - What are your rights?

For many New Yorkers and New York businesses who look for creative solutions to squeeze out every square inch of limited living and work space, storage of your property and/or business records at an offsite warehouse facility is a necessity of life.   But what are your rights when the storage facility that you trusted with your valuable possessions suddenly goes up in flames, as did the Citi Storage facility in the Williamsburg section of Brooklyn on January 31, 2015?  Can you ever recover the fair market value for your destroyed belongings?  The answer is not so simple and you should consult with an experienced attorney before signing any documents to settle your claim.  The fact of the matter is that under New York law there may be multiple theories of liability against the storage facility and/or other third parties who are either partly and/or fully responsible for your loss which may provide you with a more adequate means of recovery.  

We are experienced in the area of warehouse fire and loss having served as lead counsel on a widely reported warehouse fire in the Bronx several years ago.  In that case, we successfully represented the majority of customers who brought lawsuit against the warehouse company for property damage.  Through our efforts, we were able to help our clients get the compensation they deserved, which was far more than what the warehouse company offered to pay shortly after the fire.  

If you suffered a loss at the Citi Storage facility in Williamsburg, Brooklyn, New York on January 31, 2015, or any other warehouse fire, please call us to discuss your case.  We caution you not to accept the first offer to settle your claim as you may be giving up important rights for a fraction of its true value.     

Blizzard of 2015??

For those of us in the NYC metropolitan area, we are grateful that the "storm of the decade" tracked east and left us pretty much alone! However, if you own property, you should know that New York law requires snow/ice accumulation to be cleared from your sidewalks within a reasonable time after the cessation of a storm to make it safe for pedestrian travel. So get out there and shovel if you haven't done so already and be safe!

Joan Rivers' Death and the Risks of "Minor Surgery"

Was Joan Rivers' death preventable?  This issue is currently being investigated by authorities in New York.  The so-called "minor surgical procedure" that led to her premature death, known as an endoscopy, involves insertion of a tube with a camera attached to one end into the esophagus or gastro-intestinal tract.  Patients are often sedated during this procedure with a medication that puts him/her into a "twilight" state, or, depending on the circumstances, general anesthesia.  The medication Propofol, written about in a previous blog on this website and implicated as the cause of death of a 3 year old girl whose case tried last year by this office, and in the death of Michael Jackson, among others, is currently being investigated as a factor in causing the comedienne's death.  It is well established within the medical community that use and dosage of this powerful sedative must be carefully monitored by an anesthesiologist.  Failure to do so could have dire consequences for the patient.

Please refer to the attached article for more information about this tragic occurrence:





May 24th, 2008

Scientists have reported that “two proteins secreted by the placenta may be responsible for virtually all cases of preeclampsia, a severe complication of pregnancy that can be fatal to a mother or her baby.” There is hope that this knowledge will lead to both a more timely diagnosis and an effective treatment of the condition, which is responsible for 15% of the maternal deaths each year.

This article explains that 270,000 women suffer from preeclampsia each year in the United States. “Usually diagnosed late in pregnancy, the disorder is characterized by sharp increases in blood pressure, swelling and proteins in the urine. It can progress to eclampsia, which produces seizures and often fatal complications of the liver, kidneys, lungs, blood and nervous system.”

The results of the study can be found in the New England Journal of Medicine. (The link is to an abstract of the article; registration required

If you have suffered complications due to misdiagnosis or treatment of preeclampsia you may a have a claim against your physician or mid wife. Contact the New York lawyers at Kerner and Kerner (kernerlaw.com) for more information.

Propofol/Diprivan Overdosage Causes Death of 3 year old child


August 16th, 2013

We recently litigated a case involving overdosage of the anesthetic medication Propofol (a/k/a Diprivan) to a 34 pound 3 year old child during an emergency room intubation to treat pneumonia.  We contented that the dosage of Propofol / Diprivan far exceeded the guidelines and manufacturer’s package insert warnings for a child of her weight and clinical condition.  The anesthesiologist countered that he was justified in administering 50mg of this highly potent and potentially lethal drug based upon his unrealistic weight estimate (guess) of 44 pounds, which was 30% off target and would have placed this child above the 97% for weight in her age group.   Shortly after receiving the Propofol / Diprivan the child went into cardiac arrest and died.   At trial, the defendant-physician disputed various contemporaneously made entries in the medical chart by other physicians and nurses who were present at the scene.  In addition, the physician argued that even if he committed malpractice, the child would have died due to a severe case of pneumonia.   A first trial resulted in a hung jury, with 6 out of 8 jurors finding negligence against the physician.  The case settled for an undisclosed sum during the re-trial.

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