Pennsylvania Personal Injury Blog

Ten Sunoco contract workers were possibly exposed to a chemical vapor release on March 11 at the company’s South Philadelphia oil refinery.

According to the article in the Philadelphia Daily News, the workers were taken to the Sunoco medical clinic on site for evaluation and to one of two hospitals for further tests.

The company could not divulge the extent of their injuries and did not know whether they had been released from the hospitals.

The article stated that there was “no impact to the surrounding community.”

Sunoco is investigating the cause of the accident as well as what chemical that was released.

The United Steelworkers Union is urging the company to find the cause of the release so that this type of accident on-the-job in Pennsylvania or in any other state will not happen again.

Continue reading " Philadelphia Sunoco Workers Suffer On the Job Injuries " »

About 5,400 of the Signo line of child car seats that are manufactured by a company called Recaro, are being recalled, according to this safety report alert from Consumeraffairs.com. A defective spring is said to be the source of the problem in the car seat and this may reportedly cause the central front adjuster strap to slip. This product defect in the latching system could prevent the harness from being securely tightened.

Consumers and users of this car seat who have more questions about the recall are asked to call Recaro at 1-888-473-2290. Please, also contact the National Highway Traffic Safety Administration (NHTSA) at 1-888-327-4236 for additional information. Recaro should start notifying consumers shortly and replace the defective restraint system free of charge.

This defective child seat product recall is crucial as it concerns the well being of infants and young children. The defective restraint system here could fail in the event of a crash and cause catastrophic injuries. In a Philadelphia auto accident, a child may not be properly secured and could be injured or killed as a result. A recent investigative report found that of the 66 infant car seats tested in frontal crashes by the NHTSA, roughly half either separated from their bases or exceeded the permitted limits of injury.

If you or a loved one has been seriously injured as a result of similar defective product, a recalled auto product or any malfunctioning appliance, you should get in touch with the Philadelphia law offices of Cherry, Fieger & Marciano without delay. Our team of experienced PA personal injury attorneys will commit their resources to get you the compensation you deserve and hold these manufacturers accountable.

Workers who formerly worked for a chemical laboratory in Pennsylvania may be able to take advantage of a government compensation plan for exposure victims to the environmental toxins, according to this UPI news report. A former employee at the Vitro Manufacturing Co. in Canonsburg in the 1950s told news media outlets that she did not know the tests she was running were of radioactive materials. She said she knew she was dealing with uranium but no one ever told her about the effects of radiation.

The employee said she only became aware after she got diagnosed with breast cancer and underwent a mastectomy. Although she does not have cancer now, she may qualify for at least $150,000 in workers' compensation from the federal government, the news report states. The U.S. Department of Labor has ruled that former employees of Vitro would be treated as a "special exposure" group under an eight-year law that compensates employees at former nuclear weapons plants. This designation allows Vitro employees or their families to receive a $150,000 payment and coverage of certain medical costs if they worked at the plant for more than 250 days between 1942 and 1957 and if at a later date, were diagnosed with one of 22 cancers.

Pennsylvania law requires that every employer carry workers compensation insurance that provides compensation in case the worker is injured or killed on the job or as in this case, becomes ill due to circumstances surrounding the job. Workers compensation benefits can include medical costs, lost wages and death benefits. If you or a loved one has been injured on-the-job in Pennsylvania or believe that you have suffered adverse health effects as a result of your work environment, please call the top Pennsylvania personal injury lawyers at Cherry, Fieger & Marciano, LLP for a free consultation.

A Chambersburg Area School District bus was rear-ended by a power company’s utility truck on Mont Alto Road. According to a recent news report in The Record Herald, Jeffery Lynn Kriner, 46, of Chambersburg was driving an Allegheny Power bucket truck northbound on Mont Alto Road when he struck the parked school bus.

According to Pennsylvania State Police, the truck versus bus collision happened as the school bus had stopped to pick up two students when Kriner crashed into the rear of the bus. Three Fayetteville Elementary students who had suffered minor injuries were treated at area hospitals. Kriner was taken to York Hospital for treatment and has been released since. The bus driver and other children in the bus were not injured in the accident. Kriner has been cited for traffic violations including failure to drive a vehicle at a safe speed, careless driving and meeting or overtaking a school bus, the report said.

Based on this account, Kriner can be held liable for causing the accident and the injuries to the three children. If it is determined he was on-the-job at the time of the crash then his employer may be held responsible as well. A skilled Pennsylvania bus accident attorney will help the injured victims and their families identify all the negligent parties and hold them responsible.

Cherry, Fieger and Marciano is a law firm that is experienced in Pennsylvania motor vehicle accident cases. Our top Philadelphia auto accident attorneys will evaluate your case promptly to determine the facts and who or what was responsible for your injury accident. If you are a victim of an auto accident that you believe was the result of another motorist’s negligence or failure to follow the law, then you should contact our Philadelphia lawyers to set up a free initial consultation. As the injured party, you deserve to be compensated for pain and suffering, medical expenses, loss of wages and other related expenses.

Natasha Richardson, the Tony Award-winning actress, died at the age of 45 Wednesday from head injuries caused by a fall during a skiing lesson in the Laurentian hills. According to one story, a spokeswoman for the ski resort, Lyne Lortie, said that Ms. Richardson was not wearing a helmet.

“It was a normal fall; she didn’t hit anyone or anything,” Lortie said. “She didn’t show any signs of injury; she was talking and she seemed all right.”

Ms. Richardson was flown from Montreal Tuesday night to the Upper East Side hospital in Manhattan. Her death was announced Wednesday night by Alan Nierob, a spokesman for the actress’s husband, Liam Neeson.

“Liam Neeson, his sons, and the entire family are shocked and devastated by the tragic death of their beloved Natasha,” a statement said.

Another report stated that Ms. Richardson’s death has been ruled accidental and was caused by an epidural hematoma due to blunt force trauma to the head.

We are greatly saddened by Ms. Richardson’s death and our deepest regards go out to her family during this difficult time.

Brain injury is most commonly caused by accidents, assaults, and sports injuries. The brain is the most complex area of our bodies and brain injury accidents in Pennsylvania have effects that can impact a person’s quality of life indefinitely.

The skilled Pennsylvania personal injury attorneys at Cherry Fieger Marciano, LLP understand how stressful it can be to face the affects of brain injuries, whether you are an injured victim or a supporting family member. When others act negligently, compensation for medical treatment, pain and suffering, and even punitive damages can be collected in a Philadelphia wrongful death lawsuit against the responsible parties for their part in the brain injury. Call Cherry Fieger Marciano, LLP today for a free consultation.

A Gloucester County two-car collision that occurred at the intersection of Route 42 and Tuckahoe Road has injured the drivers of both the vehicles, reports the CourierPostOnline.com in a recent article. Britain Matchner, 51, of Williamstown was driving a 1988 Ford pick-up truck when he rear-ended 49-year-old Stefanie Hecksher.

According to officials, Franklinville resident Hecksher had parked her Lincoln Town Car at a resting stop in Washington Township at County Route 555 when she was hit by Matchner’s truck. The Lincoln reportedly caught fire, but police were able to rescue Hecksher before any major burn injuries. Both Matchner and Hecksher have been admitted to area hospitals for treatment of their injuries. Authorities are still investigating the auto accident in Pennsylvania and have not filed any charges at this time.

Based on this account, we don’t know what exactly caused the collision. It is not clear if Matchner was speeding or if he was distracted and inattentive. Also, the report does not say whether the right lane of the road on which the Lincoln was parked was a designated spot meant for use as a resting spot. Rear end auto accidents in Philadelphia are very common and typically tend to cause whiplash injury. It is estimated about 20 percent of people involved in rear end collisions exhibit symptoms of whiplash. The National Safety Council puts the annual figure for reported rear end collisions at more than 2.5 million.

The skilled Pennsylvania personal injury lawyers at Cherry Fieger and Marciano have the experience and the skill to help those seriously injured in an auto accident and get victims back on their feet again. Our PA vehicle accident lawyers will use all their resources and aggressively pursue the negligent parties to get you your rightful compensation. Call one of our experienced Philadelphia car crash lawyers to schedule your initial consultation and find out more about your legal rights and option at no charge.

Eight miners who were trapped underground for more than three days in 2002 have settled workers' compensation lawsuits against the mine’s operator and an engineering firm that drew the maps they used when they drilled into a flooded abandoned mine.

The Associated Press reported in an article that nine miners at PBS Coals’ Quecreek Mine in Somerset became trapped in a flooded tunnel on July 24, 2002. They dug into the mine while relying on outdated maps that showed it was 300 feet away.

The men were pulled from the ground in a dramatic rescue 77 hours later.

According to a report, eight of the miners have settled lawsuits against Quecreek Mine, the mine operator, PBS Coals, and the engineering firm that certified the maps. The monetary award to the miners is confidential. The companies do not admit to any negligence.

The report also said that a second group of miners who made it to safety also sued the companies and will share in the settlement.

In November, a judge issued PBS Coals and Musser Engineering fines of $55,000 each The U.S. Mine Safety and Health Administration had suggested fines of $5,000 each. The companies are appealing the fines.

Continue reading " Quecreek Miners’ Work Injury Lawsuits Settled " »

A Bucks County high school teacher faces vehicular-homicide charges in an October accident that killed a motorcyclist in Lehigh County. According to this article in the Philadelphia Inquirer, Larry Angney II, 37, of Center Valley, PA is accused of killing Lori Smeltzer, 45, near her home in Upper Saucon Township. The article said that his vehicle struck Smeltzer’s motorcycle from the rear and ran over her before speeding from the scene. She died the next day.

Angney turned himself in the day after the car accident in Pennsylvania, saying he thought he had hit an animal or a street sign.

He was charged Friday with vehicular homicide.

Angney should be held criminally and civilly responsible for the accident, injuries, and the death of Smeltzer. Smeltzer’s family deserves to be rightfully compensated for their tremendous loss. They would be well advised to contact an experienced Philadelphia wrongful death attorney.

Though motorcycle accidents in Pennsylvania have a variety of causes, common causes include unsafe road conditions, inclement weather, defective motorcycle parts, driver fatigue, drunk drivers, and driver error. The latter is the most common cause of motorcycle accidents. Some passenger vehicles simply don't understand the rules of the road and may hit a motorcycle while changing lanes, may disregard their presence on the road, or ignore right-of-way laws.

Continue reading " Lehigh County Motorcycle Accident Kills Woman " »

One man died and three others have been seriously injured in a blast at a south Louisiana oil facility. According to this article, the explosion happened around noon on March 10 at a Marathon Petroleum Co. pipeline facility in Vacherie, LA. The company stores and feeds crude oil to the company’s refinery in Garyville.

According to police in Louisiana, a crude oil pipeline was shut down for repairs at the St. James Pipeline Station when a welding crew apparently ignited fumes. There was no fire after the blast, but a worker was killed and three others were hospitalized with burns.

The family of the worker who died, as well as the injured workers, will be entitled to workers compensation benefits from their employer. It may be in the family’s best interest, however, to also contact an experienced workers compensation attorney, who will carefully examine the incident to identify any negligence or wrongdoing.

Continue reading " On the Job Explosion Kills 1 and Injures 3 in Louisiana Pipeline Blast " »

The FDA had concerns about new antipsychotic drugs shortly after they came on the market in the 1990s. According to this article in the Philadelphia Inquirer, the agency was worried they might trigger diabetes in some patients.

In 2000, the FDA asked AstraZeneca P.L.C. to share data on cases of new-onset diabetes and related illnesses in patients taking the antipsychotic drugs. AstraZeneca told the FDA that patients and doctors had reported 12 new cases of diabetes and five cases of related illnesses among the 623,000 who had taken its drug Seroquel.

However, court documents showed that the company had reported the number as 27 cases of diabetes and two of hyperglycemia.

The article stated that these documents surfaced in lawsuits filed in Orlando, Florida. The suits were filed by patients who claimed taking Seroquel caused their diabetes. Last month, the FDA required AstraZeneca to make information about Seroquel and weight gain more prominent on the drug’s label.

In 2000 AstraZeneca told the FDA it was “unlikely” that taking Seroquel led to diabetes.

A lawyer who wrote the document for plaintiff firm said AstraZeneca should have reported the larger number.

Documents released last week contained AstraZeneca e-mails in which employees discussed “buried” studies showing connections between Seroquel and weight gain.

AstraZeneca faces personal-injury claims from about 15,000 people who took Seroquel and say it caused diabetes.

If you or a loved one has suffered adverse reactions from taking Seroquel and would like to be kept informed about the most recent developments, news, or to discuss your legal options, please call Cherry, Fieger, and Marciano.

People of all ages take prescription drugs, non-prescription drugs, and supplements on a daily basis in the United States to prevent and treat various illnesses. Although these medications are supposed to help people, many people have suffered serious side effects, and even death.

If you or a loved one has been injured as the result of a dangerous drug reaction in Pennsylvania, the skilled Pennsylvania pharmaceutical drug litigation attorneys at Cherry, Fieger, and Marciano, LLP may be able to help you recover the monetary compensation that you deserve.

If a manufacturer produces drugs or supplements that are defective, they can and should be held responsible for the injuries they cause. As a manufacturer of pharmaceuticals, the company has an obligation to make a safe product, which includes various aspects such as thoroughly inspecting the product and affixing an appropriate label on the packaging. It is extremely important that you hire a skilled Philadelphia defective product lawyer to prove that the manufacturer was responsible for producing an unsafe product, as this is a very complicated and difficult part of the case.

It is essential to have representation on your side that has extensive experience representing people in similar matters. Contact Cherry Fieger and Marciano, LLP today for a free consultation.

A 15-year-old boy admitted in Family Court this week that he was high on marijuana on Christmas Eve when he hit and killed William Wrigley, 73, with his mother’s SUV in this tragic pedestrian accident in Pennsylvania.

According to the article in the Philadelphia Daily News, Wrigley was crossing M Street near Erie Avenue in Kensington, PA on Dec. 24 when he was struck by the teen.

The teen pleaded guilty to homicide by vehicle while DUI, involuntary manslaughter, committing an accident with serious bodily injury while not properly licensed, and leaving the scene of an accident.

He will be sent to a secure state juvenile-placement facility for two years. In exchange for his plea, prosecutors agreed to not seek to have his case tried in adult court.

Continue reading " Pennsylvania Fatal Pedestrian Accident Taken To Court Finds Teen Guilty " »

Former nuclear workers at a western Pennsylvania plant who are sick could receive compensation under a government program.

According to this article from the Fort Mill Times website, the Department of Labor announced that Atomic Weapons Employer employees who worked at Vitro Manufacturing in Canonsburg, Pa., during a set period in the 1940s and '50s are eligible.

Former workers diagnosed with one of 22 specific cancers are presumed to have received it from working at the plant and will receive compensation. Under the program, a worker’s family would also be eligible.

By law, it is required that every company in Pennsylvania carry Worker’s Compensation Insurance in the case an employee is injured on the job, becomes ill due to circumstances surrounding their job or even if death results from their job. Benefits can include medical expenses, lost wages and death benefits. Workers’ compensation exists both as a way to benefit injured workers and as a way to protect employers. Workers’ compensation in Pennsylvania is a no-fault insurance system, which means that no guilt needs to be proved in a case; only that the injury sustained occurred while on the job.

Continue reading " Pennsylvania Workers Compensation for Nuclear Employees " »

The engineer of a Metrolink commuter train that crashed and killed 25 and injured at least 130 people in California last year, was planning to let a railroad fan operate the locomotive on the day of the accident. According to this article by the Associated Press that appeared on Philly.com, a transcript of the text messages by engineer Robert Sanchez was released this week. The National Transportation Safety Board (NTSB) opened a two-day hearing into the collision that outlined the days and minutes that led up to the deadly crash.

The text messages showed that Sanchez allowed a fan to ride in the cab several days before the crash. He was also planning to let him run the train between four stations on the evening of the crash.

Federal investigators said Sanchez sent and received 57 text messages while on duty that day. One was sent 22 seconds before his train slammed head-on into the freight train. The large number of text messages was not uncommon for the engineer in the days leading up to the crash. Sanchez died on-the-job in the crash.

According to the article, there was no sign of mechanical error involving the Metrolink train that was carrying 220 passengers. The evidence is consistent with the Metrolink engineer failing to stop. The Metrolink Train and the Union Pacific Train were traveling at about 40 miles per hour when they crashed into each other. The NTSB panel conducting the hearing focused on cell phone use by train crew members; the operation of trackside signals designed to prevent collisions; and oversight and compliance with safety procedures during the crash.

Continue reading " Metrolink Engineer Text Messaged Before Fatal Crash " »

An employee of an Edison recycling company was killed on-the-job after being caught in a wood chipper. According to the Associated Press that appeared on Philly.com, the fatality occurred on Tuesday, February 24 at Generated Materials.

The Occupational Safety and Health Administration is investigating the accident and the police are withholding the man’s identity pending notification of his family.

According to the article, the man became entangled in a conveyor belt attached to the wood chipper in this on-the-job accident.

The family of the victim is entitled to receive workers’ compensation benefits through the workers’ employer. The family may also want to file a “third-party” claim. A claim may be filed against negligent parties other than the worker’s employer. It could, for example, be the manufacturer of a defective product that caused an injury or death or it could be another contractor or sub contractor.

Continue reading " On-the-Job Death of Man Caught in Wood Chipper " »

Mary Ann Bower, a former nurse in a Pittsburgh-area nursing home was convicted of abusing a 94-year-old patient with Alzheimer’s disease. She will have to pay a fine of $300 and she may lose her nursing certificate in this personal injury lawsuit.

According to an article from Wfmj.com, Bower was convicted after employees at the Kane Regional Center in Glen Hazel, Pa said that she flicked water in the face of Thelma Bryant. The article also said that Bower was a night supervisor at the facility and that she did not stop any abuse or reprimand the other nurses who were also involved.

The other nurses are facing more serious charges for allegedly hitting the patient in this personal injury lawsuit.

The most common forms of nursing home abuse in Pennsylvania are physical, emotional, and sexual abuse. When a nursing home professional takes advantage of their power to withhold care from an individual, extort money or property from them, or abuse their bodies, an intolerable and cruel situation can arise.

Continue reading " Pittsburgh Nursing Home Abuse of Alzheimers Patient Results in Conviction of Nurse " »

Lewis Leon, 26, seriously injured a woman after he struck her car, which was stopped at a traffic signal at Somerset Street and Park Avenue in North Philadelphia. According to this article in the Philadelphia Daily News, the impact of the Philadelphia car crash pushed the car through the intersection and into a pole and then ejected the female driver from her vehicle.

The woman suffered head trauma, broken bones, and extensive bruising. According to the article, she is in critical condition at an area hospital due to this drunk driving accident in Philadelphia.

Leon allegedly continued driving after the crash and struck two more vehicles before coming to a stop at a pole. He was arrested and charged with driving while under the influence of intoxicants, aggravated assault, recklessly endangering another person, and related offenses.

Continue reading " Philadelphia Drunk Driving Accident Seriusly Injures Woman " »

Daniel Blake, of West Virginia, lost three children in a southwestern Pennsylvania house fire in 2007. He filed a wrongful death lawsuit that claims the owner of the house failed to repair the furnace. According to the Associated Press on Philly.com, Blake claims space heaters and a log-burning fireplace were used to heat the house in Franklin Township, Greene County.

The owner of the house, James Roberts, said the furnace worked and that the tenants, Steven and Rebecca Eddy, had apparently discontinued gas service, even after he helped pay the bill.

The article stated that a fire marshal blamed an electric space heater for the Feb. 17, 2007 fire.

Blake’s three children, their mother, 26-year-old Rebecca Eddy, and her niece and two nephews all died.

Continue reading " Pennsylvania Fire Wrongful Death Suit Filed By Virginia Man " »

Juan Rivera, a 58-year-old Passaic man, was killed when he was run over by an excavating machine on a construction job in Holmdel, NJ. According to the Associated Press on Philly.com, the construction accident occurred shortly before 3 p.m. Monday. It happened in the back yard of a house that was being rebuilt after a fire.

Rivera was pronounced dead at the scene.

The article stated that the victim was working with another employee of a Franklin Lakes landscaping company that was installing a septic system and grading the yard. Rivera may have walked behind the 11-ton machine as the other man was backing it up.

The family of the victim is entitled to receive workers’ compensation benefits through the workers’ employer, Franklin Lakes. The family may also want to file a “third-party” claim for this tragic construction accident. A claim may be filed against negligent parties other than the worker’s employer. It could, for example, be the manufacturer of a defective product that caused an injury or death or it could be another contractor or sub contractor.

Continue reading " Worker On-the-Job Killed By Excavating Machine " »

On Saturday, February 14, a SEPTA bus driver choked on a throat lozenge and lost control of the bus in Wynnefield Heights, causing the bus to hit five parked cars on one side of the road. It then dragged a green Cadillac across the street and knocked down a utility pole in its path.

According to this article that appeared in The Philadelphia Daily News, the bus driver and six passengers were taken to local hospitals where they were treated for minor injuries.

The bus also destroyed a red and white metal awning and a brown metal rocker at a home owned by Claudia Conway before smashing into the brick front of a house owned by Wanda Kee Taliaferro.

The day after the bus accident in Pennsylvania, plywood covered the hole in Taliaferro’s house, a utility pole had been erected and the downed wires, which no longer worked, remained on both sides of the street. Deep tire treads from the bus and car crossed the lawns of two properties.

Fortunately, Taliaferro was not home at the time of the Wynnefield Heights auto accident. At least five houses may have structural damage. A structural engineer will inspect the damaged houses.

Continue reading " Wynnefield Heights SEPTA Bus Crashes Into Neighborhood " »

Desiree Wylie said she had at least seven smoke detectors scattered throughout her three-story home in Coatesville the night her son and 2 grandsons died in a fire. According to this article in the Philadelphia Daily News, none of the ionization detectors went off, even though she had just replaced the batteries. She awoke to use the bathroom and smelled smoke. The smoke grew so thick within seconds that she could not get to her 11-year-old son or her grandsons. All three boys died of smoke inhalation in what is being considered the result of a defective product design in Pennsylvania.

Because ionization detectors are less sensitive to the smoke produced by smoldering fires, they can take a half-hour or more longer than their competitor (photoelectric detectors) to alert residents of danger.

In Wylie’s case, the delay was the difference between life and death.

Because of tragedies like this, Jay Fleming, a Boston deputy fire chief, is educating fire and government officials and the public about the potentially deadly deficiencies of ionization (ion) detectors.

Consumers have three choices in smoke-detector technology: ion or photoelectric alarms, or a hybrid of the two.

Continue reading " Coatesville Fire Kills 3 Boys, Ion Smoke Detectors Blamed " »

John Parkhurst, a single father of Capitol Hill, is suing the D.C. Water and Sewer Authority (WASA) for $200 million. He claims lead-contaminated tap water poisoned his twin sons as infants, causing them ongoing health problems.

According to this article by the Associated Press that appeared on Philly.com,
Parkhust claims that the water utility hid elevated levels of lead from customers and federal authorities between 2001 and 2004. He also says they failed to remedy the situation and left out information from public education campaigns that would have warned people about the problem. According to the personal injury lawsuit, WASA continued to encourage residents to drink the water.

The complaint followed a study that determined hundreds of D.C. children might be at risk of irreversible IQ loss, developmental delays, and behavioral problems linked to the lead levels. Considering such a drastic number of children have suffered, a mass tort lawsuit may be in order.

Parkhurst prepared baby formula and food for his sons, Jonathan and Joshua, using tap water from when they were 8 months old, when he adopted them from Vietnam, until they were 2 in 2002. It wasn't until then, during a yearly medical checkup, that Parkhurst learned the twins (now 8 years old) had dangerous levels of lead in their blood. Parkhurst’s attorney said Jonathan’s levels were so high, they were reported to the Centers for Disease Control. As the boys got older they developed anxiety and serious attention problems. After he read about the lead level study, he made the connection.

Continue reading " Class Action Lawsuit Against DC Water Authority Begins With Father Suing For $200 Million " »

Jim Sullivan III, a Gloucester County, NJ real estate broker who acquired a contaminated building and rented it out as a day-care center says he did not believe an environmental cleanup was necessary.

According to this report in the Philadelphia Inquirer, he did not tell Kiddie Kollege Day Care operators that the building was once a thermometer factory with a history of mercury spills and vapors.

The statements appear in court records and a deposition Sullivan gave to attorneys who represent nearly 100 children who attended the now boarded-up New Jersey day care.

The Kiddie Kollege Day Care closed in July 2006 after New Jersey inspectors discovered the building’s new use. Testing showed it contained hazardous vapors 27 times the acceptable limit. Mercury beads were detected in cracks and crevices of floors and ceiling joists.

Class-action lawsuits have been filed on behalf of the children and day-care staff. They are asking for payment from Sullivan and local and state government for medical testing.

Continue reading " Toxic Day Care Contamination Revealed " »