Philadelphia Top Injury Lawyer Blog

Last week's news stories read like an episode from Tales from the Crypt. For 23 years a Belgian man had been locked inside his paralyzed body. Wrongly diagnosed as comatose and being in a vegetative state after an auto accident when he was 20, the now 46-year-old man's mind continued to function normally. But that fully functioning mind was trapped in an unmoving body, leaving Ron Houben powerless to communicate his awareness and frustration to those who cared for him. He could see, hear, smell and feel people touch him, but Houben was unable to respond in any way.

Despite repeated diagnoses by doctors that his vegetative condition was hopeless, Houben's now vindicated family refused to let him die. The 23-year-old error was discovered three years ago during new research by Belgium's Coma Science Group but only made public last week. A PET scan of Houben's brain showed it to be functioning normally. Now diagnosed with "locked-in syndrome" in which people can think and reason but not move or speak, the Belgian is communicating by spelling words with the help of a speech therapist on a touch screen.

Some scientists, including University of Pennsylvania bioethics professor Arthur Caplan, remain skeptical of Houben's new communication abilities. Caplan told the Associated Press that after viewing a video of Houben communicating, he suspects that therapists may be guiding the man's finger in what is called facilitated communication.

In media interviews, Belgium's Coma Science Group study leader Steven Laureys said that wrongful diagnosis of patients with consciousness disorders is far too common. Philadelphia car accident lawyers who represent victims of catastrophic injuries, nursing home lawyers who work to protect the aged from stroke misdiagnosis and Philadelphia personal injury attorneys and medical malpractice lawyers are acutely aware of the potentially tragic repercussions when doctors misdiagnose patients who are unable to speak for themselves.

The Public Interest Research Group's recently issued warning that dangerous defective products and potentially harmful toys remain on Philadelphia store shelves caused considerable concern among Philadelphia parents in the midst of holiday shopping for their children. (See our November 25 post.) Philadelphia personal injury lawyers and Philadelphia defective products lawyers are concerned that the new Consumer Product Safety Improvement Act is not being better enforced by government agencies.

The Public Interest Research Group warned parents in Philadelphia and across the nation to beware of toys that contain:

• lead paint that can cause irreversible damage to the nervous system, permanent neurological damage and even death


• unacceptable levels of phthalate, a chemical used to soften and make plastic flexible that can interfere with reproductive development and cause lifelong reproductive problems


• overly loud toys that emit sounds at noise levels higher than 85 decibels that can permanently damage hearing


• toys

Philadelphia personal injury lawyers and defective product attorneys warn that these product defects can cause death, serious brain injury, retardation, loss of hearing and reproductive problems that can shatter the lives of Philadelphia families. If a child is harmed while playing with a defective toy, Philadelphia personal injury attorneys can help parents recover medical costs and other compensation. Pennsylvania state law allows victims to be compensated for past and future medical bills, lost wages, lost earning capacity, disfigurement and other pain and suffering.

To assist Philadelphia parents choosing safe holiday toys for their children, the Public Interest Research Group has launched a searchable database of toxic and recalled toys that also allows Philadelphia parents to report dangerous toys. Updated toy safety alerts can also be found on the group's website.

Continue reading "What Philadelphia Parents Can Do to Protect Their Children from Defective Products" »

Toxic toys are back in the news. Philadelphia parents who thought dangerous lead-paint contaminated toys had been pulled from store shelves and banned after the 2007 nationwide panic are again concerned for their children's safety. Sounding a nationwide warning that resonated with Philadelphia families, the Public Interest Research Group issued its 24th annual toy safety report yesterday and it wasn't good. Toxic toys painted with lead paint, noisy toys capable of damaging children's hearing and dangerous toys that pose serious choking hazards to young children can still be regularly found on U.S. store shelves, the group charged.

Philadelphia defective product attorneys and personal injury lawyers were as concerned as parents at the charge that so little progress had been made toward getting these dangerous and toxic toys out of Philadelphia stores. With parents combing Philadelphia stores for holiday gifts for their little ones, the potential for tragedy is highest during the December holidays.

Rebutting Public Interest Research Group charges, both the Toy Industry Association and Consumer Product Safety Commission issued separate statements geared to reassure parents that there is no cause for alarm. Government safety officials said toys offered for sale this holiday are safer than in years past.

However, last year three young children choked to death or were asphyxiated by defective toy parts. Nearly 15% of U.S. children 6 to 17 exhibit hearing loss exacerbated by toys that emit sounds exceeding 85 decibels. Toys are still being sold that contain more than 0.1% phthalate, the toxic ingredient used to make plastics flexible. Some toys were found to contain as much as 7.2% phthalate which may cause abnormal genital development in infant boys and other reproductive problems. The Public Interest Research Group also found preschool toys on store shelves containing lead paint, despite government restrictions.

Next time: What Philadelphia parents can do to protect their children.

Medical malpractice is the third leading cause of death in the U.S. Only heart disease and cancer kill more people than errors made by doctors, nurses, anesthesiologists, pharmacists and other medical and health care professionals. Doctors and medical personnel are human and human beings make mistakes. Hospitals, doctors' offices, surgical centers and other medical settings have procedures to prevent errors from occurring; but errors do happen, despite the medical profession's efforts.

Medical errors cause an estimated 98,000 deaths in America each year according to the National Academy of Sciences' Institute of Medicine. An additional 1.5 million patients are harmed by medication errors. In fact, one in five Americans will be victimized by a medical error of some type as some point in their lifetime. Preventable patient injuries caused by medical mistakes cost Americans more than $30 billion every year.

The complexity of medicine is fraught with opportunities for errors that can cause irreparable harm to patients. Changes in treatment standards, drug names that sound alike, indecipherable handwriting on charts or prescriptions or a missed decimal point can have serious consequences for patients. Staff cutbacks initiated to offset decreasing hospital revenues due to the recession have placed even more strain on overworked nurses and health care workers. Inadequate staffing levels exacerbate fatigue increasing the likelihood of medical mistakes.

Continue reading "Medical Malpractice Is Third Leading Cause of Death in U.S." »

More Americans are killed in fires every year than in all natural disasters combined, a sobering thought when you consider the devastation caused by tornados, ice storms, flooding and hurricanes like Katrina, In 2008 1.5 million fires burned in the U.S. taking the lives of 3,320 people and injuring another 16,705. According to the U.S. Fire Administration, 84% of those killed in fires die in residential fires.

Fire is frightening and devastating. You have only to tune into the nightly news to observe the tragedy of death and destruction that follows in a fire's wake. Frightened children who die hiding under beds, heroic fathers rushing into burning homes in frantic efforts to rescue loved ones, sobbing family members devastated by loss, shattered people who have lost everything they own. The physical and emotional trauma wrought by fire is intense. Those who survive with burn injuries face months of painful recovery.

Many fire injury and fire loss claims involve negligence, defective products or product liability issues. Fires are often traced back to negligent behavior on the part of landlords or property managers, building owners and sometimes building designers or architects. Unmade or improperly made repairs, failure to maintain electrical wiring, debris and clutter blocking fire exits, volatile paints and chemicals stored in basements and other problems can spark and fuel a fire that costs residents their lives and home. Fires can be caused by defects in gas grills and electrical equipment typically used in or near homes. In winter many fires are caused by malfunctioning space heaters.

Property owners are responsible for keeping their property safe for residents and tenants. Manufacturers and distributors are responsible for the safety of their products. However, proving negligent behavior when a fire occurs can be complex. A Philadelphia personal injury lawyer with expertise in fire-related personal injury litigation is critical to identifying those responsible when a fire occurs and protecting your rights.

In the blink of an eye a motorcycle accident can change your life. If Mark Hamill had not been in a serious motorcycle accident after starring as Luke Skywalker in the successful Star Wars movies, actor Harrison Ford might never have become a Hollywood leading man. Director Steven Spielberg once confided that until his accident it was Hamill, not Ford, who was slated to star in the hugely popular Indiana Jones movies.

Even when helmets and protective clothing are worn, injuries to the driver and any rider can be extensive in a motorcycle accident. Unlike car collisions, there is nothing to protect your body in a motorcycle accident. Serious head trauma, broken bones, cuts, bruising and seriously abraded skin are common motorcycle accident injuries. Often cars and trucks fail to allow adequate stopping or maneuvering distance around motorcycles, crowding drivers out of lanes into the path of another vehicle or off roads into dangerous debris and gravel. Sometimes inattentive drivers simply fail to see a person on a motorcycle, but there are some drivers who appear to target motorcycles, creating dangerous situations that lead to serious accidents.

Motorcycle accident claims can be more complicated to resolve than automobile accident claims. Personal injury lawyers must be persistent in representing their clients. Because motorcycle drivers are perceived as aggressive and reckless, defense attorneys will try to prove that the cyclist was speeding or driving recklessly. Questions will be raised about the use of protective clothing and helmets and whether the driver is properly licensed. In Pennsylvania, protective headgear is not required if the motorcycle driver is 21 years old or older and has either been licensed to operate a motorcycle for at least two full years or has completed a PennDOT or Motorcycle Safety Foundation motorcycle safety course.

Rosenbaum & Associates, Philadelphia's personal injury specialists, have been very successful in recovering money for motorcyclists injured in accidents.

When you leave for work in the morning or grab your list and head for the store in the afternoon, the last thing you expect to do is take an ambulance ride to the hospital; but slip and fall injuries are the No. 1 reason for emergency room visits. Slip and fall accidents fell more than one million Americans every year; and nearly 17,000 people die from slip and fall accidents in stores, on the street, at home or in the workplace. In fact, falls account for 25% of serious workplace injuries and are the third greatest cause of workplace injury.

Most slip and fall injuries happen in familiar places like your home, local grocery or workplace. One minute you're walking along and the next you're flat on your back and in pain. More than 55% of people over 40 can expect to suffer a debilitating slip and fall person injury sometime during their lifetime.

Every year, slip and fall injuries cost America $36 billion. With medical bills, extensive physical therapy and missed wages, a slip and fall injury can cost $28,000 and often far more. The extent of injuries and degree of disability can make it impossible for family members to care for a slip and fall victim, necessitating a stay in a nursing home or rehabilitation center. Some elderly victims never regain full mobility after a slip and fall injury. A once-independent individual may be confined to a wheelchair or no longer be able to live independently.

Businesses and employers have an obligation to provide safe conditions for their customers and employees. If you are the victim of a slip and fall injury, Philadelphia personal injury attorneys Rosenbaum & Associates can evaluate your case at no charge and advise you of your rights.

Parents thought it was all behind them, but the U.S. Centers for Disease Control and Prevention continue to issue warnings about lead paint in children's toys manufactured in other countries. Since 1978 the U.S. has banned lead in house paint, dishes, cookware and products marketed to children. But lead is still found in toys made and painted in foreign factories. Two years ago parents were horrified to learn that lead had been discovered in toys manufactured and imported from China -- many by trusted U.S. toy manufacturers and major retailers. Panic decimated the U.S. toy industry that year as parents refused to buy toys stamped made in China.

Despite increased manufacturing oversight at foreign plants, lead is still being discovered in some foreign-made toys. The U.S. Consumer Product Safety Commission continues to issue recall notices when lead is discovered. While the situation has improved from 2007, parents should be aware of the lead danger imposed by antique toys and collectibles manufactured before the 1978 U.S. lead ban. When parents pass down toys from their youth or grandparents unearth old family favorites in their attics, they may be unwittingly exposing children to lead.

Lead poisoning targets the central nervous system and can cause irreversible damage to kidneys, nerves and red blood cells. The younger the child, the greater the risk of permanent neurological damage. In severe cases, swelling of the brain, convulsions, coma and death can occur.

Defective products pose an unreasonably dangerous risk to their users. When defects occur, an experienced Philadelphia personal injury lawyer can file a products liability claim against the manufacturer or distributor of the product. While products liability claims can be complex to litigate, Rosenbaum & Associates personal injury attorneys can help you get the settlement you need. By forcing manufacturers and retailers to take responsibility for their products, successful prosecution of defective product claims keeps our children and families safe.

Making the decision to place an elderly parent or incapacitated spouse in a nursing home is traumatic for both the patient and his family. Ideally, most people would prefer to remain in the comfort and familiar surroundings of their own home. Unfortunately, diminished physical abilities, broken bones or declining mental acuity may necessitate a level of care that can no longer be provided in the home. For most families, the only viable solution is a nursing home.

While many nursing homes have well-trained, dedicated staffs who provide excellent patient care, most are multi-billion dollar business run by huge corporations. Profitability and efficiency too often trump patient care. Overworked floor staffs may find it difficult to provide competent, caring patient care. A national shortage of health care workers can result in the hiring of poorly trained or poorly motivated nursing home personnel. The result can be patient neglect, abuse and tragedy.

Every year approximately 2.1 million older Americans are subjected to abuse or neglect. Reports indicate that 30% of nursing home facilities are cited for incidences of abuse by state agencies. Statistics may be far greater. Some studies indicate that for every reported incident of nursing home abuse, four to five incidents go unreported. Patients may be too intimidated to confide in their families, absent families may not be aware of abuse or neglect, and the 66% of nursing home residents who suffer from Alzheimer's disease, dementia or other mental impairment may be unable to communicate their fears.

Families should watch for signs of nursing home abuse, including bed or pressure sores, poor hygiene, sudden weight loss, multiple or repeated falls, bruises, signs of fear at the approach of nursing home staff. If a nursing home patient exhibits any of these signs, he may be a victim of nursing home abuse or neglect. Contact a nursing home lawyer immediately and speak to a malpractice attorney.