Pennsylvania Personal Injury Blog

The Little Tikes Co. is recalling about 1.6 million toy workshops and trucks, after an 11-month-old boy got a plastic nail lodged in his throat. According to an article, the Consumer Product Safety Commission says the boy from Goose Creek, S.C., recovered after being hospitalized.

The recall includes a variety of toys manufactured by Little Tikes of Hudson, Ohio, in both the United States and China. They were sold with red or blue plastic toy nails that are about 3 1/4 inches long.

The recalled toys were sold on the Little Tikes Web site and by retailers around the country, including Toys ‘R’ Us, between March 1994 and June 2009.

Dangerous toys and defective child products can cause serious injuries, even death. Products may be dangerous because of design defects, manufacturer defects, incomplete instructions, and failure to provide danger warnings.

Continue reading " Children Products Recall Alert: Little Tikes Toy Workshops and Trucks " »

On August 14, a 20-year-old driver who was distracted by her iPod struck two young women who had just walked out of Delaware County Memorial Hospital in Upper Darby, PA, killing one. According to an article in The Philadelphia Inquirer, the car struck a 19-year-old from Clifton Heights, and a 20-year- old from Lansdowne, from behind.

The 19-year-old was killed instantly and the other pedestrian was stabilized at the hospital and then transferred to an area Medical Center and was in “extremely critical condition.”

The driver, who is from Havertown, was treated for minor injuries.

According to police, the driver was heading south on Lansdowne Avenue when she lost control of her 2003 Hyundai Accent, crossed two lanes of traffic, traveled up onto the sidewalk for 30 feet, and struck the women. The car became trapped between a large tree and a brick wall.

The driver told police she was reaching down for the iPod, wasn’t paying attention, and lost control of the car.

The female driver could be held criminally and civilly responsible for the accident and for the death of the pedestrian. The families deserve to be rightfully compensated for their tremendous loss. They would be well advised to contact a Philadelphia wrongful death attorney who will file a wrongful death claim on their behalf and fight for their rights.

Continue reading " Driver Distracted by IPOD Hits Pedestrians " »

A Walt Disney World employee died during a stunt show practice on August 17. This is the theme park’s third worker killed on the job this summer. According to an article by the Associated Press on Philly.com, the worker suffered a head injury late August 17 while rehearsing an acrobatic move in the “Indiana Jones Epic Stunt Spectacular” and died shortly after. The move required the worker to jump into the air, dive over another performer and land in a tuck and roll onto a mat. The 30-year-old performer had only been with the show a week.

Earlier this month, 47-year-old died four days after being injured in a Magic Kingdom show. He was sword-fighting in “Captain Jack Sparrow's Pirate Tutorial” when he slipped and hit his head on a wall.

In July, a 21-year-old monorail driver was killed when his train and another monorail train collided.

An Occupational Safety and Health Administration investigator traveled to Disney World this week to begin an investigation that could take up to six months. The probe would be conducted separately from investigations into the two other deaths this summer.

According to the article, some union leaders at the theme park said they were concerned that the resort’s hiring of fewer workers this summer might affect safety. The work force this summer did not increase like it normally does during the busiest time of the year for Orlando’s theme parks. Because of longer park hours and longer lines, they need more staff to cover---this has not been the case this summer.

Continue reading " 3rd Worker Killed This Summer at Disney World " »

According to this article in the Delaware County Times, officials in Ocean City, MD said three people were hospitalized after high levels of carbon monoxide were found at the Americana Hotel on the boardwalk.

No carbon monoxide detectors had been installed in the building, even though the law in Ocean City requires them.

The hotel was evacuated the morning of August 11 and three people with symptoms of possible carbon monoxide poisoning are being observed at a local hospital. Tests found relatively high levels of carbon monoxide on the seven-story building’s three highest floors.

The source of the leak is still under investigation. A fire department spokesman said that the hotel had no carbon monoxide detectors.

Carbon monoxide poisoning is a serious and potentially life threatening condition and can lead to life-long health problems. Symptoms are often mistaken for other problems, such as nausea, flu-like symptoms, and lightheadedness.

Continue reading " Carbon Monoxide Leak Hospitalizes 3 in Ocean City Hotel " »

A top executive at TD Bank died of brain injuries on August 7 after falling out of a moving golf cart at a fund-raiser for a NJ high school.

According to this article in the Philadelphia Inquirer, a 44-year-old man of Moorestown, NJ was a passenger in the cart at Rancocas County Club Golf Course in Willingboro Township, NJ. He fell out of it and was airlifted to a nearby hospital, where he later died.

The man was a senior vice president at TD Bank and was helping to raise money for a local high school’s football team.

Police are investigating the incident. The County Medical Examiner confirmed that the man had died of head trauma and that the death was accidental.

The family of the deceased man would be well advised to contact an experienced personal injury attorney. This attorney would be able to identify any negligence or wrongdoing. The accident may have been the result of an unsafe cart, driver error, or defective equipment.

Continue reading " Golfer Dies of Head Injuries after Fall from Cart " »

A patient sued a New Jersey oncologist who health officials suspect was responsible for a hepatitis B outbreak this year. According to this article by the Associated Press on Philly.com, one man from Manchester, NJ said he contracted the disease after being treated for prostate cancer at the office of suspected doctor this year and last year.

The affected man sued the doctor for medical malpractice in a state court in Ocean County, NJ in July. His attorney said that the man was tested before the doctor treated him and was not infected with the virus.

The state warned nearly 3,000 of the suspected doctor’s patients in March to get tested after five cancer patients tested positive for hepatitis B, which is transmitted through exposure to infected blood and can cause serious liver damage.

According to the article, the state Health Department refused to say how many more patients tested positive after the warnings were issued.

The oncologist’s medical license was suspended in April because of conditions at his Toms River office. There was blood on the floor of a room where chemotherapy was administered, blood in a bin where blood vials were stored, open medication vials, and unsterile saline and gauze.

Continue reading " Patient Sues N.J. Oncologist Over Hepatitis Infection " »

The University of Utah has settled a wrongful death lawsuit filed by the families of seven Chinese scholars killed in a 2003 van rollover auto accident in Pennsylvania.

According to an article, State officials agreed to pay nearly $500,000 to the plaintiffs, including three men injured in the crash.

In April 2003, the crash occurred in Pennsylvania during the Chinese delegation’s trip in the U.S., which the university organized. It involved a cross-country road trip from Utah.

The suit sought at least $3.5 million in damages, and claimed the university acted negligently by contracting with an unlicensed travel business in New York, which in turn hired an unqualified van driver.

Continue reading " University of Utah Settles Suit Over Deadly Pennsylvania Crash " »

The Food and Drug Administration issued a public health advisory warning consumers to stop using products containing steroids or steroid-like substances, many of which are labeled as dietary supplements. According to an article, the advisory came after FDA investigators raided the offices of American Cellular Labs, looking for evidence the company sells steroids under the guise of a supplement.

The FDA sent a warning letter to the company, saying it was selling unapproved and misbranded drugs and telling the company to explain how to prevent the recurrence of violations. Those products include TREN-Xtreme, MASS Xtreme and six others. The FDA received several reports of adverse effects over two years, including serious liver injury, from the American Cellular products and 15 from similar products made by other manufacturers.

These defective products may be popular among athletes in high school, especially football players, who may not be subjected to a thorough drug-testing program. The FDA warned consumers to be cautious when they buy any dietary supplements, not just the ones that claim to build muscle. Many can be contaminated with potentially dangerous substances.

Continue reading " FDA Warns About Supplements with Steroids " »

A man of Kennett Square pleaded guilty to a vehicular homicide that happened on October 2, 2008. He crashed his car into a tree, killing his friend, while allegedly fleeing from police. According to this article on Philly.com, the 22-year-old was charged with homicide by vehicle while driving under the influence, DUI, and causing an accident involving death. He was not properly licensed and he also fled or attempted to elude an officer.

The young man was high on marijuana and driving without a license that day when an officer tried to pull him over in Chester County for an expired registration. When the officer approached the car, he accelerated suddenly and forced the officer to move out of the way to avoid being struck. The car crashed soon afterward.

The man’s front-seat passenger and friend died from the car crash in Pennsylvania.

The driver in this case should be held both criminally and civilly responsible for the death of his passenger. The DUI victim’s family would be well advised to seek the advice of an experienced wrongful death attorney. The amount that can be claimed and the heirs who are allowed to file a Pennsylvania wrongful death lawsuit can vary widely depending on jurisdiction. In addition, statutes of limitation may come into play that limit the time a family has to file a wrongful death lawsuit.

Continue reading " West Chester DUI Accident Kills Driver’s Friend " »

A blast at an explosives manufacturing plant in Ohio injured 10 workers on July 28. According to an article, the blast was caused by a broken detonating cord. The explosion, which occurred at the Austin Powder Co.’s Red Diamond plant, blew off part of the roof and a wall. This plant employs about 200 people and makes explosives for the mining and construction industries.

The article said that a partially filled spool of cord exploded when a detonating cord broke during the manufacturing process.

The injured workers at the Ohio plant would be well advised to 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 " Broken Cord Caused Blast Injuring Workers at Ohio Plant " »

The parents of a toddler who died in the backseat of his caretaker’s locked minivan, sued the day care center in July, alleging negligence by those who “were under a legal and moral duty to provide competent and safe care.” According to this article in the Philadelphia Inquirer, the toddler was forgotten and left in the van for hours on July 1 when the temperature outside was more than 80 degrees. The temperature in the closed van could have been at least 40 degrees higher than it was outside.

By the time he was discovered outside the Fairy Tales Day Care Center in Penndel, Bucks County, PA, he was dead.

One of the defendants in the Pennsylvania wrongful death lawsuit is the family’s neighbor, an owner of Fairy Tales who drove the toddler to the day-care center but failed to take him inside. The police are weighing possible charges against the neighbor and driver. State regulators closed the center on July 7, but it reopened on July 10 after it appealed in court.

Many day care centers have policies for checking on an absent child, such as calling the parents. If this day-care center did have a policy like that, it did not follow it in this case because the family did not receive a phone call.

State regulators from the Department of Public Welfare have been trying to close the day-care center, citing safety and record-keeping violations.

Continue reading " Pennsylvania Day Care Center Sued for Negligence " »

A man was killed in a Montgomery County car accident in PA after a driver crossed into opposing lanes of traffic and struck his vehicle. According to a CBS news report, a 23-year-old man was heading west in a 2002 Buick station wagon when for an unknown reason, he crossed over to the eastbound lanes striking a 2006 Suzuki sedan. The driver of the Suzuki was pronounced dead at the scene. The driver of the Buick and a 50-year-old passenger were hospitalized with injuries.

Traffic accidents occur for a variety of reasons. In this particular case, it's not clear what caused the driver of the Buick to cross over to opposing lanes of traffic. These accidents could occur due to driver error – possibly an impaired, speeding, reckless or distracted driver. Or they could occur because the car had a mechanical problem. If such an accident were to be caused as a result of the driver's fault, the injured party or his family could seek compensation from the "negligent" driver.

Continue reading " Fatal Montgomery County Auto Accident " »

Federal officials are investigating a death from a workplace accident in Pennsylvania of a 19-year-old man who was killed during a July 4 fireworks display at Quakertown's Memorial Park in New Castle. According to this news report, the man had been an employee of the fireworks company for only six weeks and was part of a three-person team that worked on the fireworks display.

He was in the process of setting up the fireworks exhibition when a single shell malfunctioned causing an on-ground explosion. The explosion reportedly destroyed the containment bunker and the wooden debris struck the worker killing him. He died of blunt force trauma. In addition to local police, agents from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives are involved in the investigation of the circumstances of the young man’s death.

In cases where workers are injured on-the-job, the injured workers and/or their families will be entitled to receive worker's compensation benefits to cover medical expenses, lost earnings and other costs related to the injury or death. Worker's compensation in Philadelphia exists both as a way to benefit injured workers and as a way to protect employers. It is a no-fault insurance system which means that the only thing that needs to be proved is that the injury was sustained while on the job.

Continue reading " Investigation into Worker Killed at July 4 Fireworks Display " »

Eight people suffered injuries in a two-car accident in Pennsylvania’s Peters Township, according to this news report. According to Pennsylvania State Police, a 44-year-old woman suffered moderate injuries while four children suffered minor injuries. A 60-year-old man in a Ford Taurus sustained minor injuries while his passenger – a 22-year-old man – suffered moderate injuries. A baby girl in the car, who was secured in a car seat, escaped with minor injuries. Police are still investigating the cause of this injury auto accident in Pennsylvania.

If you have been injured in an auto accident, you would be well-advised to consult with a skilled Philadelphia car accident attorney, who can analyze all aspects of the accident, identify the negligent parties and hold them accountable. If the other party was driving negligently, recklessly or under the influence, then you may be able to seek compensation for medical expenses, loss of wages, physical therapy and even long-term care where catastrophic injuries are involved.

Continue reading " Pennsylvania Car Accident Injures Eight " »

The family of a bicyclist who was killed two years ago after being hit by a drunk driver in a bicycle accident in Pennsylvania, has entered into a settlement with the driver and the restaurant blamed for selling alcohol to her even after she was intoxicated. According to this news report the fatal bicycle accident occurred Feb. 11, 2007 when the woman was driving after celebrating her birthday at a local restaurant with family members. Her blood alcohol content (BAC) was more than three times the legal limit, which is 0.08 percent in Pennsylvania. Last year, the woman pleaded guilty to homicide by vehicle and was sentenced to six years in state prison.

The lawsuit, filed in Lancaster County Court, asked for $100,000 in damages from the defendants. The lawsuit alleged that the restaurant sold liquor to the driver and her husband even after they were visibly intoxicated and failed to make sure that they had an alternative way to get home so neither one of them would have to drive. But attorneys for the restaurant argued that the woman did not appear intoxicated when she was at the restaurant.

Pennsylvania dram shop liability laws usually cover places of business that serve alcohol including liquor stores, bars, restaurants and clubs. These laws impose liability on businesses when they serve alcohol to someone underage or an individual who is already intoxicated who then goes on the break the law or cause an auto accident in Philadelphia that injures themselves or others. These cases are complicated because the indicators of intoxication can be contested as they were in this particular case.

Continue reading " Lawsuit in Fatal DUI Bicycle Accident Settled " »

A Pennsylvania worker suffered severe injuries to his legs after being run over by a forklift, according to a recent news report. The 48-year-old man was taken to the hospital for treatment after the Pennsylvania workplace accident, which happened in Hatfield Township. Officials are still looking into how and why this forklift accident occurred.

According to the Department of Occupational Safety and Health, forklift accidents happen because of many reasons including lack of proper training for workers who have to operate forklift trucks. Forklift accidents could also occur because or improper assignment of forklifts and operators; poor maintenance of forklifts; and the age of the forklifts, which could cause them to fail. Forklift accident can result in catastrophic injuries or even death.

If you have been injured in an industrial accident or construction site accident, you need skilled representation from experienced Pennsylvania personal injury attorneys who will inform you about your legal rights and options. If you are an injured worker, you will be entitled to receive worker's compensation benefits from your employer. If a third party (someone other than your employer) caused your on-the-job injuries, then you may be able to file a third party claim against that individual or entity.

Continue reading " Pennsylvania Forklift Accident Injures Worker " »

A report said multiple failings led to a Green Beret's death in Iraq. According to this article by the Associated Press on Philly.com, the Defense Department’s inspector general determined that military leaders and a major military contractor failed to protect a Green Beret who was electrocuted while showering in his barracks in Iraq.

The Staff Sgt.’s wrongful death triggered an investigation, as well as a review of 17 other electrocutions in Iraq. He was a 24-year-old from Pittsburgh, PA. It also led to the ongoing electrical inspections of about 90,000 U.S.-maintained facilities in Iraq.

The inspector general’s found that “multiple systems and organizations” failed and exposed the Sgt. to “unacceptable risk.”

The man was electrocuted while showering when he came in contact with an energized metal shower and hose caused by the failure of an ungrounded water pump located on the roof of the building. The Houston-based military contractor KBR, Inc. installed the pump and adjacent water tanks.

KBR did not ground equipment during installation or report improperly grounded equipment during routine maintenance and KBR did not have standard operating procedures for the technical inspection of facilities.

According to the article, military commanders and key decision-makers failed to ensure that renovations were properly performed and did not address the maintenance situation. The Sgt.’s family has filed a lawsuit against KBR.

Continue reading " Electrocution Death of Pittsburg Sgt, Military and Contractor Faulted " »

An attorney from Nashville is preparing to file claims with the VA for about 60 veterans. According to this article by the Associated Press on Philly.com, he is going to ask the U.S. Department of Veterans Affairs to pay disability benefits and damages for hospital mistakes that may have exposed veterans to infectious body fluids.

The veterans have tested positive for HIV and hepatitis and others have suffered emotional distress after the VA provided them with initial positive blood tests for infections that turned out to be wrong. Other veterans among the roughly 10,000 affected former patients at VA hospitals in Murfreesboro, Tenn., Miami and Augusta, Ga., are likely to seek compensation beyond the VA’s offer of free medical care.

The attorney is planning to file medical malpractice and emotional distress claims with the VA within 30 to 45 days. The claims process differs from a traditional malpractice lawsuit because the VA is a federal agency. The patient’s claim first must be reviewed by a VA regional attorney.

The VA has offered free medical care to the affected veterans, but the attorney said it is no more than they already expected. The requested compensation will vary greatly, depending on the veteran’s age, ailments, and other factors.

Records show that among the patients who have heeded VA warnings to get follow-up blood checks, eight have tested positive for HIV. Twelve former patients have tested positive for hepatitis B and 37 have tested positive for hepatitis C.

Continue reading " VA Hospital Errors Affect Vets, Claims Being Filed " »

Lower Merion police identified a 75-year-old woman they believe is responsible for a hit-and-run accident that injured a Bryn Mawr boy on July 15. According to this article in the Philadelphia Inquirer, the woman responsible is from Villanova, PA. Investigators impounded her gold 2002 Volvo station wagon, which had damage to the windshield on the passenger side.
The woman admitted her role in the auto accident in Pennsylvania when confronted by investigators and told them she thought she had struck a deer.

The 13-year-old boy was riding his bicycle west on New Gulph Road near Morris Road in Villanova when he was struck. After the collision, the driver didn't stop. The boy was air-lifted to Children’s Hospital of Philadelphia in critical condition with a head injury. He is now recovering at home.

An anonymous tip led detectives to a garage in Villanova where they found the vehicle. The female driver is likely to be charged with causing an accident involving death or personal injury, a third-degree felony, and failure to render aid.

Continue reading " Hit-and-Run Driver Identified by Lower Merion Police " »

On July 22, federal health officials announced they found cancer-causing ingredients in electronic cigarettes, despite manufacturers’ claims that the products are safer than tobacco cigarettes. According to an article, the Food and Drug Administration said testing of products from two leading electronic cigarette makers turned up several toxic chemicals.

The Deputy Commissioner of the FDA said that not much is known about these products, including how much nicotine is there and what other chemicals may be there. FDA scientists tested 19 varieties of cigarettes, half of which contained forms of nitrosamine, a carcinogen known to cause cancer in humans. Many products that claimed to contain no nicotine actually had low levels of the stimulant.

Brands tested by the agency included Smoking Everywhere, marketed by a Florida-based company, and NJoy Cigarettes, based in Scottsdale, Ariz. Public health advocates have also said that the products are aimed at young people and may lead to tobacco smoking. Because electronic cigarettes are not covered by federal tobacco laws, they are also often easier for young people to buy.

Electronic cigarettes produce a nicotine mist absorbed directly into the lungs. Most can easily pass as a tobacco cigarette with slim white bodies and glowing amber tips. They even emit what look like puffs of white smoke. Regulators said they have halted 50 shipments of electronic cigarettes at ports and borders since last summer. The FDA said it is authorized to seize the products because, for legal purposes, they are a medical device used to deliver nicotine.

Continue reading " FDA Says Electronic Cigarettes Contain Toxic Chemicals " »

A Philadelphia woman has been charged with driving while intoxicated following a Sunday car crash that killed her daughter’s friend.

According to this article in the Philadelphia Inquirer, a 47-year-old woman from Philadelphia was returning from a family reunion in Atlantic City when she lost control and swerved into a guardrail along the Atlantic City Expressway near Pleasantville.

Her maroon Buick sedan flipped over, trapping her and her 18-year-old passenger who sadly died at the crash scene.

The female driver’s 19-year-old daughter and two other young girls were also passengers in the car. One underwent surgery for a ruptured spleen following the accident and the other was evaluated for a lung injury.

The driver responsible for this auto accident should be held both criminally and civilly responsible for the death of the teen. Her family would be well advised to seek the advice of an experienced wrongful death attorney.

Continue reading " Philadelphia Woman Responsible for Fatal Crash " »