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jerseypanda
Life is good.
Member since 1/07 9164 total posts
Name:
Amanda
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Have we gone sue happy? Do you agree with this lawsuit?
OK, as I read this, I just can't see how this family can win this lawsuit.
The family of the assistant principal who died from the H1N1 flu is planning on suing NYC and it's health and education departments saying that they did not do enough to control the outbreak.
 I get that you are upset, you just lost someone in your family too soon, but can you really blame someone in the case of an outbreak like this? I don't see how this will make anything better.
Lawsuit
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Posted 8/11/09 4:37 PM  |
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MrsFab
this is bliss.......
Member since 10/08 1234 total posts
Name:
Mb
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Re: Have we gone sue happy? Do you agree with this lawsuit?
not that I agree with it- but playing devil's advocate here- it is really sad that he died and perhaps the family is not so much trying to profit, but maybe make the school district be more careful- clean more effectively and when in doubt cancel classes to not spread diseases
or maybe its the money, who knows cause it wont bring him back
either way, my heart goes out to the family
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| Posted 8/11/09 4:43 PM |
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neener1211
:-)
Member since 4/07 22952 total posts
Name:
J
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Re: Have we gone sue happy? Do you agree with this lawsuit?
I personally don't agree with it.
I'd be curious to see how the family will prove without a doubt that the school district was at fault when there could have been a number of factors/variables that led to him contracting the disease, and then dying from it.
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| Posted 8/11/09 4:55 PM |
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Nifheim
allo
Member since 1/09 5476 total posts
Name:
Jennifer
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Re: Have we gone sue happy? Do you agree with this lawsuit?
its like the girl who was drunk got on the train and fell down in between the train and platform and was told to not move, but she did then got hit. STUPID! People need to take personable responsibility, this man got the flu and died because he had other complications (health issues). NYC didn't tell him to come to work or be fired, he could of used his sick time and stayed home knowing that he was unhealthy and had a weakened immune system.
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| Posted 8/11/09 5:05 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: Have we gone sue happy? Do you agree with this lawsuit?
The case is debatable! Your workplace is responsible for your "safety" while on the premises.
If the Assistant Principal was asked to stay at work with confirmed cases then I think they may have a shot at it.
Could the school system have done more? Yes, they could have closed the schools for sure.
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| Posted 8/11/09 5:37 PM |
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Re: Have we gone sue happy? Do you agree with this lawsuit?
Part of me thinks this case is stupid and the other part can think that the family is suffering.
However, some people do sue just for about anything and they should be ashamed of themselves.
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| Posted 8/11/09 6:55 PM |
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Re: Have we gone sue happy? Do you agree with this lawsuit?
My info is probably thirdhand but I heard that he was asked to allow infected kids to call their parents from his office phone. If that's the case, then I can see how the school should have done more to protect the staff. I teach in NYC and while the safety of the kids is always first and foremost, the safety of the staff members doesn't often seem to be considered.
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| Posted 8/11/09 7:00 PM |
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KateDevine
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Member since 6/06 24950 total posts
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Re: Have we gone sue happy? Do you agree with this lawsuit?
Well, they may not actually follow through with a suit, but if you want to sue a city/county entitiy, you need to file a Notice of Claim within 90 days or you are SOL with any type of case, so they may be filing just to protect their statute.
I didn't read the article, but without knowing ht emerits of the case, I don't know what to think....
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| Posted 8/11/09 7:09 PM |
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Erica
LIF Adult
Member since 5/05 11767 total posts
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Re: Have we gone sue happy? Do you agree with this lawsuit?
I don't think they have much of a case the CDC has lowered their standards of closing schools for H1N1.
the man had underlying health conditions - it's going to be hard to prove negligence. I heard Bloomberg mention something on the radio that everyone just wants to sue - something like that.
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| Posted 8/11/09 7:12 PM |
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mommy2Alex
3 babies for me :)
Member since 5/05 6683 total posts
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Re: Have we gone sue happy? Do you agree with this lawsuit?
Posted by Nifheim
its like the girl who was drunk got on the train and fell down in between the train and platform and was told to not move, but she did then got hit. STUPID! People need to take personable responsibility, this man got the flu and died because he had other complications (health issues). NYC didn't tell him to come to work or be fired, he could of used his sick time and stayed home knowing that he was unhealthy and had a weakened immune system.
ITA! To answer the questioned posted. Yes I think this country has gone sue happy and it is so sad. It seems that people can't take personal responsibility for their actions/decisons.
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| Posted 8/12/09 8:57 AM |
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Re: Have we gone sue happy? Do you agree with this lawsuit?
Posted by mommy2Alex
ITA! To answer the questioned posted. Yes I think this country has gone sue happy and it is so sad. It seems that people can't take personal responsibility for their actions/decisons.
In this case, though, "personal responsibilty for their actions and decisions" involved a person going to his job. That hardly sounds irresponsible.
I'm still not necessarily sure that the family should win this suit, though I read the claim and basically they are asserting that the city was negligent in the way it dealt with the outbreak. Even though it was reported that Mr. Weiner had health problems, he also had over 600 days in his sick bank, so that makes me wonder about the severity of those problems. He would not have accrued that many days if he was chronically unwell.
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| Posted 8/12/09 9:15 AM |
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MrsFab
this is bliss.......
Member since 10/08 1234 total posts
Name:
Mb
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Re: Have we gone sue happy? Do you agree with this lawsuit?
Posted by Nifheim
its like the girl who was drunk got on the train and fell down in between the train and platform and was told to not move, but she did then got hit. STUPID! People need to take personable responsibility, this man got the flu and died because he had other complications (health issues). NYC didn't tell him to come to work or be fired, he could of used his sick time and stayed home knowing that he was unhealthy and had a weakened immune system.
i dont see how you can compare an illness to a drunk person?
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| Posted 8/12/09 9:17 AM |
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Nifheim
allo
Member since 1/09 5476 total posts
Name:
Jennifer
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Re: Have we gone sue happy? Do you agree with this lawsuit?
I was lumping both because I feel we sue for everything in this country. I love this place but damn it but everyone is quick to sue.
People can not take responsibility with their own actions. He could of called in sick if he was at risk of dying from the flu. The swine flu is a flu its just amplified in people who have illness, old and very young (possibly even pregnant but I have doubts on that unless you reach really high fever point for a long time) if you see who has died from it its all people with serious health issues prior to sickness. He knew we was at risk he should of stayed home, you have sick time!
If his supervisor said you must come in, you can not call in sick then he has a case, but he is suing the city for not closing the entire school down which I think is absurd.
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| Posted 8/12/09 9:28 AM |
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LoveyQ
Stalkers, get a life.
Member since 11/07 12820 total posts
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Re: Have we gone sue happy? Do you agree with this lawsuit?
Posted by Nifheim
I was lumping both because I feel we sue for everything in this country. I love this place but damn it but everyone is quick to sue.
People can not take responsibility with their own actions. He could of called in sick if he was at risk of dying from the flu. The swine flu is a flu its just amplified in people who have illness, old and very young (possibly even pregnant but I have doubts on that unless you reach really high fever point for a long time) if you see who has died from it its all people with serious health issues prior to sickness. He knew we was at risk he should of stayed home, you have sick time!
If his supervisor said you must come in, you can not call in sick then he has a case, but he is suing the city for not closing the entire school down which I think is absurd.
I don't know all of the details, but part of the issue here may not be that he came in to work after he was sick, but that he contracted H1N1 to begin with.
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| Posted 8/12/09 10:01 AM |
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Re: Have we gone sue happy? Do you agree with this lawsuit?
Posted by Nifheim
If his supervisor said you must come in, you can not call in sick then he has a case, but he is suing the city for not closing the entire school down which I think is absurd.
He can't sue- he died. And the school was shut down.
As an AP he is a supervisor himself and while they get sick days too there is a higher expectation that you are present at work. He could have called in but he did his job.
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| Posted 8/12/09 10:07 AM |
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Babyaholic
Thankful
Member since 6/09 1459 total posts
Name:
D
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Re: Have we gone sue happy? Do you agree with this lawsuit?
I think this country is definitely sue happy. Nobody likes to take personal responsibility for anything.
While it is sad that he passed away, I do not believe the city was at fault. An "outbreak" like this cannot be contained. While they can do their best to try and slow it, it is up to each individual person to protect themselves.
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| Posted 8/12/09 11:24 AM |
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Ophelia
she's baaccckkkk ;)
Member since 5/06 23378 total posts
Name:
remember, when Gulliver traveled....
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Re: Have we gone sue happy? Do you agree with this lawsuit?
I wonder how many of the MILLIONS of people who died from the disease in 1918 sued.
or how many victims of influenza on a whole throughout history have sued.
bubonic plague? someone surely could have sued the owners of the ships that brought those pesky rats over.
what a disgusting people we are.  
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| Posted 8/12/09 11:30 AM |
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jerseypanda
Life is good.
Member since 1/07 9164 total posts
Name:
Amanda
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Re: Have we gone sue happy? Do you agree with this lawsuit?
Posted by Ophelia
I wonder how many of the MILLIONS of people who died from the disease in 1918 sued.
or how many victims of influenza on a whole throughout history have sued.
bubonic plague? someone surely could have sued the owners of the ships that brought those pesky rats over.
what a disgusting people we are.
I know... I just feel that there are actually things that happen that can't be blamed on someone else.
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| Posted 8/12/09 11:37 AM |
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Xelindrya
Mommy's little YouTube Star!
Member since 8/05 14470 total posts
Name:
Veronica
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Re: Have we gone sue happy? Do you agree with this lawsuit?
As we say in the insurance industry..
Welcome to U.S.A
U Sue Anyone!
Its about money its always about money. Unless they donate it back TO the school to enforce whatever changes they are expecting.
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| Posted 8/12/09 4:11 PM |
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mrsej
The cutest!
Member since 1/07 2495 total posts
Name:
Mommy
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Re: Have we gone sue happy? Do you agree with this lawsuit?
Posted by Ophelia
I wonder how many of the MILLIONS of people who died from the disease in 1918 sued.
or how many victims of influenza on a whole throughout history have sued.
bubonic plague? someone surely could have sued the owners of the ships that brought those pesky rats over.
what a disgusting people we are.
Amen...and I'm an attorney!
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| Posted 8/12/09 4:19 PM |
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Re: Have we gone sue happy? Do you agree with this lawsuit?
I really doubt closing the school would have even made a difference. He probably had already been exposed by the time the children showed symptoms that would have warranted school closure. The incubation period can be up to a week for the swine flu, so before anyone even had a sniffle he may have been infected. It's a terrible situation but this lawsuit is ridiculous.
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| Posted 8/12/09 4:26 PM |
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