Law Offices of Kevin Costello

"Bigoted Pediatrician"

Thu, 10 Apr 2008 13:58:30 -0700

I had a same sex female couple come in to my office to see my partner and I the other day. They had a beautiful little girl who was only a few weeks old. They live in New Jersey. Bear that in mind as I tell you the story, because, while this story's facts might not be shocking in more backward thinking and ignorant parts of the United States, it is particularly shocking having taken place in New Jersey.

These ladies went to a pediatrician. Now, whether or not this new pediatrician knew that this was a same sex couple is open to debate, but be that as it may, they made an appointment for the little one's vaccinations.

When they went to the doctor's office, the doctor asked them who the mom was, and then who the father was. The couple replied that there was no father, but that the baby had been conceived through artificial insemination, and the birth mom indicated that her same sex partner was the baby's other parent.

"Governor Corzine Lets Down The People of New Jersey"

Fri, 25 Jan 2008 12:00:50 -0800

"Governor Corzine Lets Down The People of New Jersey"

For years, the American Association for Justice and the New Jersey Trial Lawyers Association have been trying to wrong a long standing wrong in New Jersey. New Jersey remains one of only 10 states which still do NOT ALLOW pain and suffering damages to survivors when they loose a loved one as a result of negligence. Even conservative states allow these damages now.

Yet even a democratic governor is capable of bowing to corporate pressure. Despite passage by the state Assembly and Senate of an Amendment to the State's Wrongful Death Act which would allow grieving families to collect compensation for their pain and suffering over the loss to negligent death of their loved ones, the Governor "pocket vetoed" the bill, which meant he refused to sign it and let it expire.

"Racism in the Jury Box"

Fri, 25 Jan 2008 11:55:24 -0800

Here's another in the never ending list of stories we as civil rights attorneys have to tell, in order to bang through the heads of Americans to get them to understand that racism is still ALIVE AND WELL in the USA. Of course, it's alive and well all over, but aren't there places we all expect it NOT to be? Places where, as objectionable as racism is on general principles, it's especially not ok for it to exist?

How about in the JURY ROOM in a lawsuit, where a jury is called upon to deliver JUSTICE, in a FAIR and EVEN HANDED WAY?

Take a look at this story from Seattle, perceived as a "liberal" leaning city:

"Alleged racial comments made by jurors during deliberations in a medical negligence case have prompted a Spokane, Wash. plaintiff attorney to seek a new trial. Attorney Mark D. Kamitomo asked for a new trial after learning from two jurors that a number of their fellow jurors allegedly referred to Kamitomo as "Mr. Kamikaze," "Mr. Miyashi" and "Mr. Miyagi," behind closed doors. A judge is scheduled to hear Kamitomo's motion for a new trial on Jan. 25. AP, Seattle Times 01/15/2008"

"The McDonalds Myth"

Tue, 13 Nov 2007 16:33:25 -0800

"The Journey to Justice" - Web Log of Employment Rights Lawyer Kevin M. Costello

Ever hear someone rant and rave about the "McDonald's Coffee Case?" About how "that's what wrong with our Court Systems," and other ignorant nonsense? They're wrong. They're spouting - and repeating - MYTHS. Here are the FACTS...

MYTH #1: "The Coffee wasn't that hot..."

FACT: McDonalds coffee wasn't just hot, it was scalding, capable of almost instantaneous destruction of skin, flesh and muscle (see below).

"Caps On Damages Don't Work"

Tue, 13 Nov 2007 16:27:40 -0800

"The Journey to Justice" - Web Log of Employment Rights Lawyer Kevin M. Costello

"Caps on Damages Don't Work" This excellent editorial appeared on Newsday.com on Oct 17 2007:" Darrie Eason is a penetrating example of what's wrong with proposals to cap damages for pain and suffering in medical malpractice cases. The high cost of malpractice insurance is a problem. But adding insult to patients' injuries by arbitrarily limiting jury awards is not the answer.

Eason was told she had cancer. One double mastectomy later, doctors told her the devastating diagnosis was a mistake. Her tissue sample had been mislabeled. She never had cancer. Tragically, by then her breasts had been removed.