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Zwiebel
and Fairbanks, LLP is a law firm that represents
individuals and families who have
sustained a serious or catastrophic injury.
When I first opened a law office in Kingston,
New York in 1974 it was my hope to make a
difference in people’s lives. In the late
1970's it had become clear that reckless corporations,
bad
drivers, negligent doctors and overzealous prosecutors
were a danger to the average person. So I
began to represent people injured by those groups.
Lawsuits for injuries caused by defective
products, automobile negligence, malicious prosecutions
and construction accidents were brought.
In the early 1980s it was becoming apparent
that the doctors who had made American health
care
the envy of the world were being squeezed by
“corporate medicine”, “managed
health care”
(HMO’s) and large medical groups using
“business models”. With the death
of the house call came
the 15 minute doctors visit. While “economies
of size” and other corporate doctrines
increased
medical revenues the depersonalization of medicine
rushed and pushed even the most qualified
physicians. In some hospitals the cost of staff
overrode the quality of care. Haste makes waste,
but
in the medicine people are injured from carelessness.
By the mid-80's people injured by medical
malpractice to the list of those we would represent.
As our population has aged, the need for professional
care outside of hospitals is becoming more and
more apparent. Residential communities called
“Nursing Homes” have sprung up.
The residents
of these types of facilities make up a special
“class” of people. They are often
unable to voice their
problems or to even protect themselves. This
problem has been recognized by both Federal
and
State governments, both of which have enacted
laws, rules and regulations for the protection
of
nursing home residents. The Federal Nursing
Home Reform Act grants to every nursing home
resident the RIGHT to attain or maintain the
highest practicable mental and physical well
being. In
essence, the operators of nursing homes are
required to use every possible means to make
the elderly
and disabled live to their fullest. Unfortunately,
the same business trends that have effected
manufacturers and medicine has come to dominate
Nursing Homes resulting in residents with
fractured bones, horrific bed sores, dehydration
and malnutrition.
Several years ago only a few Nursing Home neglect
matters trickled their way through the legal
system. That is no longer the case. As people
have become aware of the RIGHTs of their loved
ones, we have made ourselves available to fight
for those who cannot fight for themselves. We
have
been in the forefront of those handling such
cases and now dedicate a large segment of our
time to
investigating and prosecuting cases of Nursing
Home rights violations.
When in the early 1990's we saw a trend in which
government bureaucracies were invading people’s
lives. We began to represent families torn apart
by too-quick-to-act social service departments
and
schools, and government liability became a new
area of our practice. We brought cases as far
away
as Texas, where we were able to reunite a family
shattered for years by the combined efforts
of a
negligent psychologist, reckless school officials
and a rigid Attorney General’s office.
Similar cases
in New York and Pennsylvania all ended well.
Families were reunited, criminal charges were
dismissed and money damages were paid to the
families.
Jonathan Fairbanks and I joined together in
1998. Jonathan had worked to protect all the
people of
New York as an organized crime prosecutor and
as a Deputy New York City Fire Commissioner.
Then in the private practice of law, he obtained
large settlements and verdicts on behalf of
families
and individuals who had suffered serious and
catastrophic injuries. He had worked for a large
firm
but longed for a situation where clients could
feel the comfort and security that exists when
one
attorney stays focused on their case. The firm
became Zwiebel and Fairbanks, LLP.
Jonathan Fairbanks and I started our legal careers
practicing criminal law. We still do. Our cases
have ranged from driving while intoxicated to
homicides. Together we have over half a century
of
experience doing criminal defense in state and
federal courts. Of course, every accused and
case is
different but we understand both the common
problems and unique demands of all defendants.
At Zwiebel and Fairbanks, we strive to make
things right. We use a team approach. Although
each
case has one consistent lead lawyer, litigation
strategy and courtroom tactics are a shared
responsibility. When a girl was burned by a
stove, I traveled to Texas and brought back
evidence of
a multi-decade corporate cover-up which allowed
a defective product, a stove, to be distributed
and
used (Germond v. White Westinghouse, New York
Law Journal). Jonathan did the final preparations
and settled the case on the eve of trial using
that evidence. When a mother of three was hospitalized
with a fever and rash caused by a fatal and
extremely painful drug reaction, Jonathan and
I found
doctors from Harvard Medical School to testify
about the hospitals malpractice (See Halley,
New
York Jury Verdict Reporter). We even had the
chance to use photographic evidence obtained
for one
Brooklyn factory injury to prove negligence
in another injury case at the very same factory
(Fox v
Domino Sugar, US District Court for the S. D
of N. Y, Hamlin v. Domino Sugar, State Supreme
Court, Kings County). It was teamwork that brought
victory in each of these cases.
If you, a friend or a loved one have been injured
by the wrongful acts of another, a government
agency, a doctor, a hospital, a nursing home
or by corporate negligence contact us. Why?
Because
we are “THE RIGHT LAWYERS” to help
injured people and their families, and very
proud of it.
Alan S. Zwiebel
ALAN
S. ZWIEBEL
Alan graduated from New York University in 1969
and New York Law School, in 1973.
Before starting to practice in the Hudson Valley
he was a staff attorney with the New York City
Legal Aide Society’s criminal division.
He is admitted to practice and has tried both
civil and
criminal cases in the State and Federal courts
of New York. He is also admitted to practice
before the United States Supreme Court. In the
past he has been granted permission to practice
law, on a limited basis, in the courts of Massachusetts,
Pennsylvania, Texas and Georgia.
Personal injury and civil rights cases in which
he has been involved have been featured on
20/20 News (ABC), 60 Minutes (CBS),Frontline(PBS),
WCBS New York and CNN.
He was the first attorney in the United States
to obtain a verdict on behalf of a family whose
civil rights were violated by a county government’s
use of a fraudulent investigative technique
called Facilitated Communication (Prieto
v. County of Orange).
His investigation into a house explosion in
New York, and his representation of its victim,
led
to a United States Consumer Product Safety Commission
investigation of hot water heater
valves and the ultimate recall of the product
(Gilberti v. Robert Shaw Controls).
The results of his representation of victims
of medical malpractice and nursing home neglect
have been published in the New York Law Journal’s
Jury Verdict Report.
In the area of criminal law he has successfully
represented individuals charged with the many
different offenses. He has obtained acquittals
for individuals charged with such varied crimes
as murder, sexual assault and drug sales.
Alan is a member of the Association of Trial
Layers of America and the New York State Bar
Association, of which he was a member of its
House of Delegates from 1981-1983.
JONATHAN
FAIRBANKS
Jonathan Fairbanks graduated Columbia Law School
in 1977. Upon graduation he joined the
Kings County District Attorney’s Office
(Brooklyn, N.Y.) and tried close to 150 cases
to
verdict, ultimately heading the unit responsible
for organized crime murders andinvestigations.
He
successfully prosecuted and convicted James
Burke, infamously portrayed in the movie
“Goodfellas ” for murder. After
being a prosecutor he became a Deputy Fire Commissioner
for the New York City Fire Department where
he was responsible for the fire marshal’s
office,
ran the legal department and counseled the fire
commissioner on daily operations.
He then came to the Hudson Valley where his
focus became personal injury. As a personal
injury attorney he has tried and settled many
cases, some in excess of a million dollars.
Shortly
after winning the largest contested personal
injury award in Saratoga County’s history,
he
decided to join his old friend Alan Zwiebel.
While at Zwiebel and Fairbanks, Jonathan has
focused on cases involving serious and
catastrophic injuries. He has continued to achieve
settlements and verdicts for some of his
clients in excess of a million dollars. He won
a multi- million dollar settlement for a young
girl injured in a stove tipping case against
its manufacturer (Germond v White Westinghouse).
His work in that case and with his partner Alan
Zwiebel in the cases of Bennett
v. Albany
Medical Center and Halley v. Albany Medical
Center, both complex medical malpractice
matters, resulted in settlements worth over
a million dollars for the victims.
Mr. Fairbanks continues to practice criminal
law and he recently successfully defended an
individual, at trial, who was wrongly accused
of kidnaping and assaulting the man who
burglarized his home.
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