Pennsylvania Personal Injury Blog

A man and a female bicyclist were seriously injured after they were hit by a cab that jumped the curb in front of the Kimmel Center while swerving to avoid another car on June 24. According to this article in the Philadelphia Inquirer, the injured man may lose one or both legs after suffering serious fractures from the pedestrian accident in Philadelphia.

A police report said that the red Victory cab was headed southbound on Broad Street in Philadelphia and swerved to avoid a car changing lanes. It then jumped the curb and hit a lamp post and the bicyclist before spinning back into the street, striking a man crossing the street.
The bicyclist suffered head injuries and was reported in critical condition.

The driver and his passenger also were taken to a hospital for treatment of minor injuries.

The police also are viewing videotapes from surveillance cameras in the area to see if they show what happened.

Continue reading "Kimmel Center Pedestrian Accident Critically Injures 2" »

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Posted In: Auto Accidents , Pedestrian Accidents , Personal Injury

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One of the changes in the workers’ compensation act, which the insurance carriers initiated in 1997, was the Independent Rating Evaluation or IRE. This change provides that if an insurance carrier requests an IRE with a Bureau appointed physician within 60 days after 104 weeks of the date that the injured worker begins receiving total disability payments and if the impartial physician rates the workers’ disability at less than a 50% impairment of the whole person using the AMA Guidelines, then that injured workers’ claim for benefits will be capped at 500 weeks. This change is quite useful for the insurance carrier because a claim whose exposure is capped at 500 weeks is cheaper to settle than a potential lifetime claim. It is also very difficult to under the AMA Guidelines obtain an impairment rating which is greater than a 50% impairment of the whole person.

But what happens if the insurance carrier fails to file for its IRE within 60 days of the 104 week date that the injured worker begins receiving total disability benefits? In Gardner v. W.C.A.B. (Genesis Health Ventures), 585 Pa. 366, 888 A.2d 757 (2005) the State Supreme Court held that where the insurance carrier misses its filing deadline, there would be no automatic conversion of the injured workers’ potential lifetime claim to a claim for 500 weeks. The Supreme Court held that the insurance carrier must instead file a Petition and litigate its case before the Workers’ Compensation Judge.

Continue reading "The Burden of Proof in an IRE Petition" »

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Posted In: Law & Information , On-The-Job Injuries , Personal Injury , Workers Compensation

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A safety foundation has asked General Motors Corp. to recall its 2000-01 sedans and refit their trunks with emergency-release latches. According to this article by the Associated Press on Philly.com, this comes after two Arkansas children were found dead in the trunk of a 2000 Chevrolet Malibu.

Kansas-based Kids and Cars said that although Ford has installed glow-in-the-dark handles inside all trunks since 2000, General Motors offered the latches only as an option on models made before 2002.

GM did not say what action the company might take in the wake of deaths regarding their trunk's auto product liability.

A Washington County Coroner said it appears a 5-year-old and a 4-year-old of Springdale died accidentally in the car’s trunk last week.

Police said it is likely that the children were playing in the trunk when it closed and they likely died of asphyxiation. Temperatures were nearly 90 degrees the day they died. Further investigation of the wrongful deaths is needed.

The National Highway Traffic Safety Administration released data for “non-traffic” deaths in January that showed three people died in 2003-04 after being closed inside a trunk. In a one-month period of 1998, 11 children were found dead in car trunks, prompting calls for trunk-release latches.

Continue reading "Safety Group Asks GM for Trunk-Latch Recall" »

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Posted In: Auto Defects , Defective Product , Personal Injury , Product Liability , Wrongful Death

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An ammonia leak on June 20 at a poultry processing plant in North Carolina killed one worker and injured four others.

According to this article on Philly.com by the Associated Press, the leak occurred about 10 a.m. Saturday, June 20 at the Mountaire Farms plant in Robeson County, NC (about 16 miles south of Fayetteville).

The worker who died was identified as Clifton Swain, 47, of Fayetteville. Four other workers were taken to hospitals with injuries.

The County Emergency Management Director told The Fayetteville Observer that the leak has been contained.

The ammonia leak happened while workers were doing maintenance work on a piece of machinery at the plant and it has been ruled simply as a workplace accident.

The plant employs 2,500 people. About 30 to 40 people were at the plant when the leak occurred.

The workers from the Mountaire Farms plant who sustained any injuries and the family of the worker who died because of the leak are entitled to workers’ compensation benefits through the employer. These benefits often are inadequate and may not be enough to cover a worker and his family, especially if the incident involves serious injuries that could keep the worker away from his/her job for a long time. It may be in the worker’s best interest, however, to also contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing.

An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

Continue reading "Ammonia Leak at NC Plant Kills 1 Worker, Injures 4" »

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Posted In: Chemical Exposure , Death On-the-Job , On-The-Job Injuries , Personal Injury , Workers Compensation , Wrongful Death

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The parents of a Chester County teen who fell to his death two years ago in an abandoned mine shaft while working with underprivileged children in Mexico, are suing the companies that organized the trip.

According to this article that appeared on Philly.com, the parents of the teen filed a wrongful death suit in Philadelphia court last week against Travel for Teens L.L.C. of Wayne and Casa de los Angeles, an Illinois corporation.

On July 20, 2007, the parents’ sixteen year old son was participating in a summer volunteer program and went on a field trip with 30 U.S. teens and 80 Mexican children. While playing tag with a group of children in the Cinco Senores mine in Guanajuato, Mexico, the boy fell into a 500-foot shaft that had no warning signs or railings.

The suit says that the failure of the program organizers to warn participants about the dangerous conditions constituted gross negligence. The teen’s parents are seeking more than $50,000 in damages.

Continue reading "Philadelphia Wrongful Death Lawsuit against Volunteer Programs" »

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Posted In: Personal Injury , Wrongful Death

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The Associated Press reported in an article that consumers should immediately stop wearing a certain type of chenille robe made by Blair, LLC due to a fire hazard that is believed to have caused the wrongful death of at least six people.

The Consumer Product Safety Commission (CPSC) and Blair LLC, issued the second recall notice in two months after receiving reports of six deaths due to the robes catching on fire. In five of the six cases, the victims were women who were cooking at the time; three of the victims were in their 80s. The recall applied to 162,000 robes.

The article said that the CPSC urges all consumers to report any incidents or injuries involving consumer products, even after a recall has been announced. Contacting the CPSC may help prevent tragic deaths or injuries.

CPSC and Blair initially announced their voluntary recall in April, citing three reports of the robes catching on fire, including one report of second-degree burns.

The robes are a one-piece garment made of plush sculpted chenille, a shaped stand collar, and horizontal chenille front and back yolks and cuffs. The robes have a full-button front with seven matching button closures.

Continue reading "6 Deaths Result in Robes Recall" »

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Posted In: Burn Injury , Defective Product , Personal Injury , Product Liability

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The government is investigating if heart attack survivors enrolled in a controversial federal study of an alternative treatment were told about possible health risks.

According to this article, the $30 million study with 1,500 participants, is one of the largest alternative medicine experiments. It tests high doses of vitamin and mineral supplements and chelation, a treatment used for lead poisoning. It has not been proven safe or effective for heart disease and has the potential to cause drug injury.

Last August, the federal Office of Human Research Protections began a probe into whether the people in the study were being fully informed of risks and adequately protected. Researchers then suspended enrollment.

Chelation involves intravenous doses of a drug, in this case disodium EDTA. Proponents claim it can flush out calcium that has built up in artery walls.

According to the article, the study’s consent form does not tell participants that others have suffered wrongful death from chelation. More than half of the doctors running the study make money by selling chelation treatments, which is a conflict of interest.

Continue reading "Chelation Heart Disease Study Investigated by Government" »

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Posted In: Drug Reactions , Medical Malpractice , Personal Injury , Wrongful Death

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On June 16, federal health regulators said consumers should stop using Zicam Cold Remedy nasal gel and related products because they can permanently damage the sense of smell. According to this article by the Associated Press, scientists said the zinc in these over-the-counter products might damage nerves in the nose needed for smell. The FDA said about 130 consumers have reported a loss of smell after using Matrixx Initiatives’ Zicam products since 1999.

Other products affected by the FDA’s announcement are adult and kid-size Zicam Cold Remedy Nasal Swabs.

Loss of the sense of smell is potentially life threatening because people without the sense of smell may not be able to detect life dangerous situations, such as gas leaks or something burning in the house.

The article stated that Zicam Cold Remedy was never formally approved because it is part of a small group of remedies that are not required to undergo federal review before launching.

Known as homeopathic products, the formulations often contain herbs, minerals, and flowers.

The FDA issued a warning letter to Matrixx asking the company to stop marketing its zinc-based products. The agency did not issue a formal recall.

According to federal regulators, Matrixx would have to submit safety and effectiveness data on the drug. And, if they wish to continue marketing Zicam intranasal zinc products, they need to seek FDA approval.

Continue reading "Zicam Nasal Spray Linked to Loss of Smell" »

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Posted In: Defective Children's Products , Defective Pharmaceutical Products , Defective Product , Drug Reactions , Personal Injury , Product Liability

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On June 10 in Austin, Texas, scaffolding on the 11th floor of a building collapsed and two workers who were on it fell to their deaths. A third worker was critically injured. According to this article, four men were on the scaffolding last week when it collapsed. The fourth worker suffered minor injuries.

Authorities do not know what caused the scaffolding to collapse, resulting in the wrongful death of two workers.

The workers here who sustained any injuries and the families of the workers who died because of the collapse are entitled to workers’ compensation benefits through the employer. These benefits often are inadequate and may not be enough to cover a worker and his family, especially if the incident involves serious injuries that could keep the worker away from his/her job for a long time. It may be in the worker’s best interest, however, to also contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing.

An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

Continue reading "2 Workers Killed in 11th Floor Scaffolding Collapse" »

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Posted In: Construction Accident , Death On-the-Job , On-The-Job Injuries , Personal Injury , Workers Compensation , Wrongful Death

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Craig Kelley, a Philadelphia Housing Authority police officer testified in the trial of Zahir Boddy-Johnson on June 5. On February 17, 2008, he was on duty inside a bulletproof-glass enclosed security booth at a Germantown apartment complex when he suffered a workplace injury in PA after Boddy-Johnson shot him with a rifle.

According to this article in the Philadelphia Inquirer, the officer was on duty alone when he heard a knock at the door of a security booth at the entrance of the Queen Lane Apartments. When he opened the door he was “staring down the muzzle” of a semiautomatic rifle about six feet away. The gunman struck Kelley in the left side of his abdomen, which spun him around and then knocked him down.

Boddy-Johnson, 18, is charged with attempted murder, aggravated assault, and possession of a firearm on a public street. He could face from 35 to 50 years in prison if convicted of all charges.

Kelley, who has been a PHA officer for 17 years, testified that the bullet remains in his abdomen and that because of his injuries, he has only been able to return to desk work.

Mr Kelley is entitled to Worker’s Compensation in Philadelphia for the injury that he suffered. Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers’ compensation claim. The injury can occur while traveling on business, doing a work-related errand, attending a required business-related social function, or even while on a break or using restroom facilities and you are still legally covered by workers compensation.

Whether your injury was a simple slip and fall, or involves serious injuries and property damage, Cherry, Fieger, & Marciano can help you. Our dedicated and experienced Philadelphia work injury lawyers will do everything possible to get the monetary compensation that is owed to you to help pay for medical bills, physical therapy, loss of work and more.

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Posted In: On-The-Job Injuries , Personal Injury , Workers Compensation

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On June 8, the Food and Drug Administration (FDA) warned consumers not to use skin products made by Clarcon because of high levels of disease-causing bacteria found during a recent inspection. According to this article by the Associated Press that appeared on Philly.com, Clarcon Biological Chemistry Laboratory Inc. of Roy, Utah, issued a voluntary recall of some skin sanitizers and skin protectants marketed under several different brand names to prevent any further incidents of personal injury.

Consumers should not use any Clarcon products and should throw them away.

Analyses of several samples of over-the-counter topical antimicrobial skin sanitizer and skin protectant products revealed high levels of various bacteria, including some associated with unsanitary conditions. Some of these bacteria can cause opportunistic infections of the skin and underlying tissues and could result in medical or surgical attention as well as permanent damage.

Examples of products that should be discarded include Citrushield Lotion, Dermasentials DermaBarrier, Dermassentials by Clarcon, Antimicrobial Hand Sanitizer, Iron Fist Barrier Hand Treatment, Skin Shield Restaurant, Skin Shield Industrial, Skin Shield Beauty Salon Lotion, Total Skin Care Beauty and Total Skin Care Work.

The FDA said its findings are concerning because these defective products are promoted as antimicrobial agents that claim to treat open wounds and damaged skin and protect against various infectious diseases.

As a consumer, you have the right to assume that products you purchase or use have been produced in a manner that would ensure that they are safe and free from unreasonable risks. If a company manufactures or sells a product that is hazardous to the user, the company must be held liable for any injuries or fatalities that occurred due to the faulty product.

If you have a Pennsylvania defective product claim, you will require the representation of Philadelphia's skilled products liability attorneys from Cherry, Fieger, and Marciano, LLP to handle all of the complexities involved with this type of case. There are many steps to a product liability case; beginning with proving that the product was in fact defective, next proving the product was the cause of the injury, and finally proving that the product was not used unreasonably. Please contact our firm today to discuss your case with an experienced legal professional.

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Posted In: Defective Product , Personal Injury , Product Liability

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On June 9, 2009, two people were unaccounted for after an explosion at a Slim Jim meat products plant in North Carolina. According to this Associated Press article on Philly.com, an Emergency Medical Services official said a third person initially declared missing was found and went to the hospital along with 20 other people. Authorities were still searching for two others but it wasn’t clear whether they were inside the building.

Five people who were injured had serious conditions. The article said several workers reported hearing an explosion before the collapse and the workplace injuries ranged from burns to smoke inhalation. Emergency crews were keeping people away because of an ammonia leak.

The Slim Jim plant workers here who sustained any injuries are entitled to workers’ compensation benefits through the employer. These benefits often are inadequate and may not be enough to cover a worker and his/her family, especially if the incident involves serious injuries that could keep the worker away from his/her job for a long time. It may be in the worker’s best interest, however, to also contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing.

An experienced attorney would also look into a “third party claim.”These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

Any worker who has sustained an injury arising out of and in the course of their employment has a potential workers’ compensation claim. The injury can occur while traveling on business, doing a work-related errand, attending a required business-related social function, or even while on a break or using restroom facilities and you are still legally covered by workers compensation.

Whether your injury was a simple slip and fall, or involves serious injuries, Cherry, Fieger, & Marciano can help you. These dedicated and skilled PA work injury lawyers will do everything possible to get the monetary compensation that is owed to you to help pay medical bills, physical therapy, loss of work and more.

Posted by Pennsylvania Personal Injury Attorney | Permalink | Email This Post

Posted In: On-The-Job Injuries , Personal Injury , Workers Compensation

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