Philadelphia Top Injury Lawyer Blog

As a Philadelphia accident lawyer, I was disappointed to read about the death of a 25-year-old man in an unusual accident. According to the Philadelphia Inquirer, the man died on the night of June 3 after he mistakenly stepped into an empty elevator shaft and fell five stories. The man was not named pending notification of his family, but he was reportedly a resident of the building on Chestnut Street in the Washington Square West neighborhood. The elevator is the older kind with a gated lift. Representative from the state Department of Labor and Industry said it would send an elevator inspector to the building June 6 to determine whether the elevator is safe for other users.

The article said the building itself is older, with external fire escapes as well as the old-fashioned elevator. Police said the light was out as well, and that the man didn't realize the elevator was not at the fifth floor, which is the building's top floor. The accident was reported just before midnight June 3 and the man was pronounced dead at Thomas Jefferson University Medical Center around 1:15 on June 4. The Department of Labor and Industry said it was working with law enforcement to keep the elevator out of service and "secure" until it could send an inspector. A city spokesperson added that the City Licenses and Inspections Commission has no authority over elevators.

One thing that struck me about this story, as a Philadelphia injury lawyer, is the apparent lack of safeguards against just this kind of accident. Elevators have safety rules, which is why the state has elevator inspectors, but it's not clear whether any safety rules were broken in his case. Nonetheless, if a 25-year-old man can walk into an elevator shaft without noticing that the elevator isn't there, as this story suggests, it's easy to imagine unattended children or an impaired person doing the same. If the management of this building failed to install required safety equipment, or failed to maintain the light in violation of regulations, it could be considered legally liable for the accident. And that would entitle the victim's family to file a wrongful death lawsuit, which could help them defray the costs of the death as well as compensate them for a loved one lost too soon.

Continue reading "Man Dies After Falling Down Elevator Shaft in Center City Apartment Building" »

A personal injury lawsuit was recently filed against one Philadelphia police officer after a man claimed that he fired his weapon during an off duty night of drinking. Philadelphia Daily News reported that the lawsuit charges Officer Thomas Schaffling with firing his weapon "wildly around 3 a.m. on March 26 after leaving an after-hours club in the Tacony neighborhood of Philadelphia."

It is alleged that Schaffling began firing the weapon after becoming upset that he could not locate his car in the parking lot. Two men who were in the parking lot claimed that Schaffling threatened to kill them before he started shooting and later injured them.
One of the men was grazed by a bullet under his arm and was later treated for injury at Aria Health's Frankfort campus before being released. The other, who also reportedly suffered personal injury at the hands of Schaffling, has not yet had his identity or injuries released.

Schaffling is reported to have been reprimanded for drunken and disorderly conduct prior to the incident this Spring as well. If you have been the victim of personal injury or if you or a loved one has been the victim of wrongful death or personal injury, contact a Philadelphia personal injury lawyer or a Philadelphia accident lawyer immediately.

When it comes to birth injuries, many expectant parents think about cerebral palsy and other traumatic brain injury. It is, however, important to be aware of the several other conditions that could be caused at birth by negligent doctors, nurses, and other medical professionals. Infant Shoulder Dystocia is certainly something parents need to be aware of.

Shoulder dystocia occurs when poor fetal position or negligent delivery room error places large amounts of pressure on a baby's shoulder over an extended period of time. This excess pressure is the mechanism by which children suffer brachial plexus injury and resulting nerve damage. Brachial plexus injury has been known to cause Erb's palsy, a physical disability characterized by disfigurement, lack of development and lack of use of one arm.

Like Cerebral Palsy and other birth injury related conditions, Erb's Palsy can force a child to encounter a lifetime of physical, social, and financial difficulty. Sadly, Erb's Palsy is often a preventable birth injury, caused by unnecessary force during delivery. Cases of preventable birth injury have been seen far too many times in the Philadelphia area and all over the country. If you suspect that your child's disability may be the result of a preventable birth injury, contact a Pennsylvania birth injury lawyer of a Pennsylvania medical malpractice lawyer immediately.

Cerebral Palsy is an umbrella term encompassing a group of non-progressive, non-contagious motor conditions that cause physical disability in human development, chiefly in the various areas of body movement. It is also defined as "a loss or deficiency of motor control with involuntary spasms caused by permanent brain damage present at birth" by wordnet web, a service issued by world renowned Princeton University.

When a child or adult suffers from cerebral palsy they may be mildly disable or extremely physically disabled. Some with cerebral palsy may be dependent upon wheelchairs and, in the worst circumstances, they may well require a degree of treatment that includes being fed, bathed and i need of a full time caretaker. Those that are not so deeply affected oftentimes have minor disabilities that affect academic and job performance. Persons with cerebral palsy may develop hearing, speech and other skills crucial to communicating with and comprehending others. It is no surprise that care for individuals with cerebral palsy can be very expensive when taking into account all care and medical devices.

Some families of young infants or children with cerebral palsy may be able to get assistance by way of medical malpractice settlement due to negligence or hospital error that caused injury at birth. If you feel your child has been the victim of such medical malpractice it is important to contact a Philadelphia injury lawyer right away. A Philadelphia birth injury lawyer will be able to explain what you may be entitled to.

Millions of Americans in Philadelphia and throughout the country have had to undergo Colonoscopy procedures, especially as a normal part of basic medical care when aging. Usually these procedures are fairly safe, but it is important to remember that, if one does not choose the right doctor, injuries could occur.

Just a few years ago, a jury in New Mexico awarded plaintiff Michael Salopek $1 million in a medical malpractice lawsuit. After going to his doctor in 2005, Michael allegedly had to be treated for a puncture wound in his colon. After undergoing a colonoscopy, Salopek internal organs were pierced by the surgeon's tools. His doctor, however, told him at first that the perforation had eventually healed itself.

Salopek eventually suffered from having fecal matter leaked out through the hole in his colon and into his body for 11 days before discovered. This caused serious infection and the need for Salopek to have 13 surgeries to repair damage and a part of his colon removed.

The settlement helped Michael to pay medical expenses and make up for lost wages at work. Perforations can occur during Colonoscopies and it is important for doctors to recognize and treat the problem immediately or else medical malpractice is in question. If you or a love one has been the victim of medical malpractice, contact a Pennsylvania medical malpractice lawyer or a Philadelphia injury lawyer today.

A grant was recently provided by Harold Amos Medical Faculty Development Program of the Robert Wood Johnson Foundation and is in the amount of $420,000 to support patient safety research which will focus on using health information technology to improve post hosptial management of patients whose medical test results are still pending when a patient is discharged from the hospital. Better communication and management of patients can prevent serious medical error. A recent study has found that current hospital discharge summaries are "grossly inadequate" at documenting both tests with pending results and information about which physicians should receive the test results.

Dr. Martin Chieng Were, M.D., M.S., a graduate of Harvard College and Harvard Medical School has headed up the project to study how to better track and prevent what are known in the medical field as "fumbled handoffs." A fumbled handoff is a termed used to describe what happens when a patient is transferred out of the care of one doctor (often after a hospital stay) into the care of another doctor. When proper patient release notes are not kept or generated, patients might not get necessary follow-up care and could even suffer injury or death as a result of such medical malpractice.
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If you or a loved one has been the victim of a fumbled discharge, medical malpractice, or has suspected other medical error, contact a Philadelphia injury lawyer or a Philadelphia accident lawyer today.

A gas and water main break at the 6900 block of Torresdale Avenue in Philadelphia occurred last night around 7.19 p.m. and turned out to cause much more destruction than ever expected. The leak caused a 50 foot tall fireball to explode resulting in a three alarm fire. The blast set fire to at least two homes and several cars including a PGW truck. The horrific incident, according to one witness, caused homes in the neighborhood to shake and sknocked a man over who was standing next to him.

Several firefighters were injured in last night's gas explosion and sadly, the blast has left one 19 year old PGW worker dead. Several Philadelphia residents lost all of their belongings as a result of the leak and resulting fire and fire ball explosion. Those injured were treated at Torresdale Hospital. At least one victim was taken to the burn center having suffered serious burns. Fortunately several dozen residents as well as individuals who were working at nearby businesses were evacuated from the surround structures as soon as authorities were aware that the water main had been breached.

The cause of the Philadelphia, Pennsylvania gas explosion is still underway while several alarmed residents are wondering just who is responsible for this tragedy. Similar incidents have been linked to a gas company's failure to accurately install, maintain, or replace gas mains. If you are the victim of this tragic accident or a similar accident in which you were injured, contact a Philadelphia injury lawyer or a Philadelphia accident lawyer right away.

A recent study released Tuesday by a Massachusetts-based nonprofit that supports renewable energy development has found that Philadelphia residents are more concerned than US residents in general on average. Fracking is a term used for hydraulic fracturing as a process for the extraction of natural gas. Studies have shown that his process is harmful to the environment and can contaminate public drinking water.

The state survey was conducted among 403 adults from November 26-30 amidst a national survey conducted among 1,012 adults. Philadelphia residents were most likely to say they are "very concerned" about the health threats, personal injury, and damage that fracking can cause. Pam Solo, founder and president of the Civil Society Institute said concern about fracking "illustrates the point that Americans don't think of an energy source as cheap or clean if there is a hidden price in terms of safe drinking water and human health." Several Philadelphia residents seem to be on this page when it comes to fracking.

It is unfortunate that in the Philadelphia area as well as across the world, several processes used by big business put public health at risk. Philadelphia Injury lawyers remind us that this year's environmental disaster with BP, for example, demonstrates how a corporation damaged the environment, caused personal injury, and put the lives and lively hoods of humans at risk. For this, BP had to pay out richly in settlements. If you believe you or a loved one has been the victim of injury due to fracking or another environmental hazard caused by big business, find out what you're entitled to by contacting a Philadelphia injury lawyer.

Last month, Pennsylvania Superior Court ruled in a high profile Philadelphia medical malpractice lawsuit. The court's decision: a $20 million verdict in favor of the family of a woman killed in a liposuction accident will stand.

The wrongful death suit against plastic surgeon Richard Glunk and his nurse, Edward DeStefano, stemmed from an incident in 2001, when an 18-year-old college student, Amy Fledderman, suffered grievous complications from liposuction. Allegedly, Glunk stood by for two hours - refusing to take Fledderman to the hospital - while Fledderman's mother begged him to. As a result of this act, the jury awarded the mother $2 million for emotional distress. Glunk's clinic had not been licensed at the time of the disaster.

The defendants had argued to the appeals court that the $15 million in punitive damages was excessive, but the court rejected this argument. Glunk's legal team had challenged the wrongful death verdict on a number of other grounds - and all of these arguments also got struck down.

As any experienced Philadelphia medical malpractice lawyer will tell you, building a seven-figure wrongful death case can be challenging work, even if all the evidence is in your favor and even if the defendant's negligence and carelessness are easy to prove. The law provides numerous, diverse, and extensive resources for defendants. If a plaintiff does not build his or her case carefully and meticulously, small process errors and other imprecise actions can allow defendants to escape serious punishment and can significantly chew into any jury award.

Part of what's so challenging is that plaintiffs must meet an intense burden of proof. You need to show essentially that the defendant's negligence, carelessness, or failure to act created, either directly or indirectly, conditions that caused harm or exacerbated a medical condition. If your cause and effect argument breaks down at any point - and the defense will obviously be looking to break down your argument at every possible "weak link" - your case can fall apart. That's why it's so important to work with an attorney who has experience in getting results and who understands Pennsylvania medical malpractice law both in theory and in practice.

The same goes true for motor vehicle or product liability accidents. You want a Philadelphia accident lawyer or Philadelphia injury lawyer who not only understands the law from a theoretical and intellectual level but who also knows how to make the system function effectively for plaintiffs.

Continue reading "Massive Philadelphia Malpractice Verdict Upheld - $20 million Will Go to Family of Liposuction Victim" »

Last Sunday, 23-year-old Stewart Haverty fell to his death at a football game between the Philadelphia Eagles and Chicago Bears. The young man allegedly had gotten up onto the colonnade level to have a smoke, when he fell 35 feet onto a flat roof on the west part of Soldier Field. He died of multiple injuries just an hour after the fall, according to the Cook County Medical Examiner's Office. Witnesses to the fall said they saw Haverty jump over a 3-foot barrier - apparently to have some privacy while he smoked. (Soldier Field prohibits smoking). The young man's father discussed the tragedy with Fox Chicago News: "Apparently on his way trying to make it that ledge, he slipped or lost his balance...or, for all I know, he could have slipped while trying to light the cigarette."

Story of the half-time accident quickly made regional headlines. In addition to the tragic and surprising circumstances of the fall; the story raises interesting legal questions about premises liability law. As a Philadelphia accident lawyer might tell you, different property owners owe different "duties of care" to visitors and patrons. Depending on your classification as an "invitee" "licensee" or "trespasser," a property owner will have different obligations to you. Football fans who enter a football stadium should be protected from roof top falls. But this doesn't mean that a football stadium or any other entity can be legally held responsible for your problems if you stray into a prohibited area or hop a clearly marked barrier. All that said, as a qualified Philadelphia injury lawyer will note, even individuals who trespass can successfully sue property owners under certain circumstances.

The general point here is that premises liability law can get exceptionally complicated and surprisingly nuanced. So if you or someone you care about has been hurt or injured - you fell on an ice coated parking lot at a Philadelphia shopping center, for instance - it's at least worth your time and energy to consult with an attorney about possible options you may have to collect money for things like your pain and suffering, your medical bills, your rehabilitation, medications and surgery, and time off of work.

Likewise, a Philadelphia medical malpractice lawyer can provide essential services if you've been mistreated or misdiagnosed at an area hospital, birthing center, or other medical facility.

Continue reading "Tragic Football Death Shakes Philadelphia" »

In the 1970's a study commissioned by the California Hospital and Medical Associations reported that one out of 20 patients suffered injuries as a result of medical malpractice. This includes patients in Philadelphia Pennsylvania as well as across the country. What's worse is that the 1970's study found that 1 in 10 patients died as a result of medical malpractice.

Although many hoped and assumed that these numbers would go down throughout the years, studies continued to show that medical injuries were a problem throughout the 1980's and 1990's. One similar study conducted bya Harvard team in the 1980's surveyed 31,000 medical records and 50 hospitals. The study found that one in four patients suffered possible medical injuries.

Today, nearly thirty years later, and in the 21st century, studies show that 100,000 people across the U.S. die every year as a result of medical malpractice. The most common forms of medical malpractive include birth injuries, surgical injuries, infection, septicemia, bleeding, failure to diagnose, misdiagnosis, and medication errors.

Each of these scenarios is extremely alarming. With birth injuries, being by far one of the most common types of medical malpractice in Philadelphia, Pennsylvania, and across the country, the urgent need for an expert Philadelphia birth injury lawyer to be accessible to the public is apparent. Philadelphia birth injury lawyer or a Pennsylvania medical malpractice lawyer is the place to turn if you or a loved one have unfortunately been involved in one of the many common forms of medical malpractice.

A jury in New Hampshire awarded 51-year-old Karen Bartlett $21 million in conjunction with a Philadelphia personal injury claim. Bartlett, a New Hampshire native, suffered a terrible burn reaction as a side effect of taking a drug produced by Mutual Pharmaceutical Company, a Philadelphia-based corporation. The drug, sulindac, is an anti-inflammatory. Bartlett took it to deal with recurring shoulder pain.

Two weeks after she began a course of the drug in January 2005, Bartlett began noticing irritation near her eyes and spots on her face. She checked into the hospital in February after developing a feeling like there were "pebbles" behind her eyelids. Doctors diagnosed her with toxic epidermal necrolysis and Stevens-Johnson syndrome (SJS/TEN), a potentially life ending disease that literally burns the skin and mucous membranes. All told, Bartlett was transferred among five different hospitals. 65% of her skin got literally burned off - "inside and out," as her lawyer put it. Even after undergoing 12 operations on her eyes, Bartlett became legally blind. Her attorneys asked for $4.5 million to address her medical bills and lost wages as well as $20 million to $30 million on top of that for pain and suffering and loss of enjoyment of her life. The $21 million verdict was record setting - $8 million more than a 1993 case in New Hampshire pertaining to an accident at a construction site.

Not all Philadelphia personal injury or medical malpractice cases are this dramatic. But the side effects of prescription medications can cause serious damage to patients. Generally, in order to prove a case of Philadelphia personal injury from a pharmaceutical, a claimant has to show that a drug was unreasonably hazardous and caused significant and serious harm to the patient.

If you or anyone close to you has been injured due to pharmaceutical side effects, it may behoove you to consult a Philadelphia personal injury attorney ASAP to review your rights and obligations under PA law. Building a case against a major drug company, hospital, or medical group can be quite complicated and technical, so it's essential that you get good guidance as you pave the way to make a claim.

Continue reading "Philadelphia Personal Injury Lawsuit Nets a $21 Million Verdict for Women Blinded by Drug" »

A jury rendered its decision in the Pennsylvania medical malpractice case of Garner v. Girard Medical Center, awarding the estate of a 64-year-old woman injured by physician negligence a sum of $1.75 million, pursuant to the Wrongful Death Act and Survival Act. This preventable tragedy unfolded when health-care workers ignored surgeon orders not to feed Ms. Garner orally following surgery she had to reverse a colostomy. Ms. Garner's caretakers fed her both liquid and solid foods only four days after the surgery concluded.

As a result of her caretakers' dereliction of their duty, Ms. Garner developed a fistula, which in turn led to sepsis (infection), which spread to her whole body. The infection ultimately caused organ failure, which precipitated her death. The plaintiffs also alleged that the medical professionals in charge of Ms. Garner's care failed to take effective action once she developed the complications (i.e. the fistula and the sepsis).

In complicated Pennsylvania medical malpractice cases, like Garner v. Girard Medical Center, a lengthy and detailed investigation may be required to show a chain of "cause-and-effect" leading from physician negligence or carelessness to patient injury. It's not enough simply to assert that a patient got harmed or even killed while being treated at a hospital. Nor is it enough to say that a doctor or other provider was negligent or careless. You need to draw a very clear, detailed, and evidence-backed argument -- one that would convince a reasonable outside adjudicator -- that the error, omission, or negligence indirectly or directly cause significant harm.

In a Philadelphia medical malpractice case like this one, a variety of parties can potentially be held liable, including the responsible caretakers, the hospital, and insurers representing any named defendants. Plaintiffs can seek compensation for medical bills, loss of companionship, loss of current and future wages, burial costs, pain and suffering, and legal and court fees.

Often, in the wake of a Philadelphia medical malpractice incident, the victim of bad care (and the victim's family) may be left confused, demoralized, weakened physically and emotionally, and unsure about how to seek compensation and justice.

If you or a loved one has been victimized by Pennsylvania medical malpractice, you need not suffer alone.

A popular Jamaican resort has settled a fatal personal injury accident case, agreeing to pay the family of Jarred Smith $6.5 million. Smith of Erie, Pennsylvania was killed in July 2006 while playing on an Aqua Jump water trampoline at the Beaches Sandy Bay hotel in Negril, Jamaica. Smith and his family were at the hotel to attend a wedding.

According to Ceola Smith, the young man's mother, Jarred was jumping on the water trampoline when he dove headfirst into the surrounding water. Although Aqua Jump instructions require 10 feet of water for safe use, the resort had situated the water trampoline in water that was only four to five feet deep. Jarred struck his head on the bottom of the seafloor which rendered him quadriplegic. Unable to move, the young man drowned.

Personal injury attorneys arguing wrongful death on behalf of Jarred's family argued that the resort had been negligent in failing to locate the water trampoline in accordance with safety instructions, failing to provide written instructions to guests concerning safe use of the water trampoline and failing to provide an appropriate flotation device which Jarred's mother believed would have saved her son's life. Attorneys for Sandals Resorts International countered by questioning whether the young man had actually struck his head on the seafloor and arguing that the trampoline was designed defectively.

This case points out the complex arguments involved when serious personal injury accidents occur and responsibility for horrendous injuries or death must be assigned. Striving to decrease their client's liability, attorneys for the resort questioned whether the young man's injuries and subsequent death were indeed caused by his dive off the trampoline. They also sought to defuse liability by charging the maker of the trampoline with defective design.

Personal injury accidents demand experienced and aggressive representation by skilled Philadelphia personal injury attorneys to ensure that personal injury accident victims and their families are compensated for their losses.

Two Pennsylvania natural gas workers suffered serious personal injures and were flown to Robert Packer Hospital in Sayre for treatment following a construction accident at a drilling site in northern Pennsylvania. One worker suffered broken ribs and the other suffered lacerations to his skull caused by a flying piece of metal when a pipe coupling blew apart at a Tioga County natural gas well operated by Ultra Resources. The U.S. Occupational Safety and Health Administration is investigating.

This serious Pennsylvania construction accident comes on the heels of a natural gas well blowout in central Pennsylvania earlier this month. While, fortunately, no one was injured in that construction accident, explosive natural gas and toxic wastewater spewed into the air, polluting nearby land for 16 hours before EOG Resources workers could bring the blowout under control. Safety concerns sparked by the blowout caused Pennsylvania regulators to halt work at 70 other natural gas wells under construction by EOG Resources.

Natural gas drilling is an admittedly hazardous profession which makes adherence to safety standards and practices all that much more vitally important to protect the health and safety of construction workers. As recent incidents illustrate, construction workers face the risk of serious personal injury every time they step on the job site. Companies that fail to protect their workers' safety can be held liable for workers' injuries. Just a few of the many negligent activities that can contribute to Philadelphia construction accidents include:

• Inadequate or incompetent supervision
• Defective or poorly maintained equipment
• Negligent drilling, blasting or tunneling procedures
• Unprotected openings
• Improper scaffolding procedures
• Improper handling of gases or chemicals
• Failure to maintain access areas
• Insufficient bracing or support of structures

The complexity of Philadelphia construction accident claims requires expert investigation by knowledgeable Philadelphia personal injury lawyers experienced in pursuing construction accident claims.