Pennsylvania Personal Injury Blog

A Philadelphia jury is weighing punitive damages against drugmaker Wyeth. According to an article by the Associated Press, there is link between the Illinois woman’s breast cancer and the hormone-replacement drug she took.

The woman’s case is one of many Prempro lawsuits to go to trial out of several thousand filed across the country. About 1,500 are pending in Philadelphia.

The Philadelphia jury awarded $3.75 million in compensatory damages on October 23. According to the article, they said the company’s actions were willful and warrant punitive damages.

The 64-year-old woman is a retired hospital records clerk from Peoria, Illinois. She took Prempro for five years before her 2002 cancer diagnosis.

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. To help innocent consumers who have been injured by a defective or dangerous pharmaceutical receive the compensation they need, experienced PA drug injury attorneys may be of great assistance.

Continue reading " PA Prempro Cancer Case: Jury Weighs Damages " »

A 40-year-old paralegal died after apparently being hit by a bicyclist in Center City, Philadelphia earlier in October. According to an article on Philly.com, the Center City law firm where the man worked has offered a $10,000 reward for information leading to the arrest and conviction of the person who struck the paralegal.

The man was taken to a nearby hospital on October 15, after police picked him up near the intersection of 16th and Locust. He was found on the street, bleeding from severe head injuries. The article said that he was put into a medically induced coma to prevent further brain swelling.
At first, police reported the incident as a transport to the hospital. They later learned that several people in the area heard a loud noise, then saw two men on the ground, one of whom had been riding a bicycle and apparently crashed into the paralegal. Witnesses told police that the cyclist then fled the scene.

The bicyclist should be held both criminally and civilly responsible for the death of this male paralegal. The family of any victim who dies in Pennsylvania due to someone’s negligence would be well advised to seek the advice of an experienced Philadelphia wrongful death attorney.

Continue reading " Paralegal Dies of Injuries from Being Hit by Bicyclist " »

A 75-year-old woman was injured on October 12 when an aerial lift crashed into the roof of a Center City apartment building, causing debris to fall on her. According to an article in the Philadelphia Daily News, the woman tried to protect her head, but the impact of the 125-foot boom broke her left arm and crushed her elbow. She fell face-first to the ground and debris and bricks from the roof hit her, fracturing her spine.

She, along with her attorneys, filed a notice of plans to sue Masonry Preservation Group, Inc., of Merchantville, N.J., and First Presbyterian Church, of 21st near Walnut. The aerial-lift operator was killed in the accident and two others besides the woman were injured.

The operator was repairing loose masonry on the church, when a huge wheel of the lift platform ran over a fiberglass and cement TV-cable box embedded in the sidewalk.

The weight of the heavy machinery broke the cover of the cable box and destabilized the lift, causing it to slowly fall, taking down a streetlight, taking out a section of the roof of an apartment building and landing on a Verizon truck.

The woman fell under the lift and tried to push it off of her. She fractured vertebrae in her back when debris and bricks fell on her. Her attorneys are looking into whether proper permits for the work were obtained for the masonry repair, or if there were violations by the city Licenses and Inspections Department or the U.S. Occupational Health and Safety Administration.

Continue reading " Lift Accident's 75-Year-Old Victim Files Suit " »

A Philadelphia jury awarded $2.5 million to a woman from Bensalem. The jury found that Paxil had caused heart problems in her 3-year-old son who required several surgeries after his birth to fix his heart. They ruled out additional punitive damages.

The case was the first of about 600 lawsuits to go to trial on claims that the GlaxoSmithKline’s Paxil antidepressant caused birth defects in children whose mothers took the drug during pregnancy.

According to an article in The Philadelphia Inquirer, legal experts saw the 10-2 jury decision as a big win for plaintiffs in the remaining cases, even though the jurors awarded only compensatory damages.

Jurors linked the plaintiff’s problems to Paxil and said GlaxoSmithKline was negligent in not properly warning the woman’s doctor of the drug’s risk. They did not find the company’s behavior “outrageous,” which would have been necessary to award punitive damages.

The standard for finding punitive damages requires evidence that a company knew about problems but ignored them or covered them up because the product was so profitable.

Continue reading " First Paxil Lawsuit Results in Plaintiff's Favor " »

A man from Tabernacle, PA said a defective Toyota seat belt contributed to his paralysis. According to an article in The Philadelphia Inquirer, he thinks that the company may be withholding crash data that could prove it.

The injured man’s attorneys argued in court that Toyota had been evasive when asked whether crash-test videos still exist for the 1991 short-bed, deluxe pickup.

On January 4, 2005, as the plaintiff was heading to work, he stopped to make a left turn onto in Barnegat, Ocean County, NJ and was struck from behind and then by a second vehicle. He filed a year later against the first driver, Toyota, and the seat-belt manufacturer. The man’s legs are paralyzed, although he does have some upper-leg strength that allows limited walking with a walker or crutches.

The seriously injured man claims that he was wearing his seat belt because he always buckled the restraint before starting the vehicle, as required by his employer.

There are allegations in California accusing Toyota of withholding and destroying evidence during civil litigation in unrelated cases. The man’s attorneys said this may be indicative of a widespread practice to conceal damaging evidence.

On October 9, a Superior Court Judge ruled that the company had an obligation locally to clarify whether videos or other electronic information exist showing that vehicles have been properly tested and met all safety standards.

The plaintiff’s lawyers allege that the seat belt, with a design defect, opened upon impact and that he was thrown into the dashboard with such force that he fractured vertebrae. Had the seat belt worked properly, the man would not have been thrown from his seat.

One of his attorneys also alleges that Toyota engineers knew in 1991 the seat belts installed in some vehicles were defective and that they later installed a properly designed belt. But the company never issued a recall.

The case is scheduled for trial in February.

According to the article, attorneys for the injured man are questioning if the company has a broad practice of withholding evidence.

Continue reading " Burlco Man's Suit Has Toyota Safety Data at Its Center " »

Metrolink, a commuter rail agency, agreed to pay about $30 million to settle most of the lawsuits from a derailment that killed 11 people and injured another 180 on January 26, 2005. A driver, Juan Alvarez, was trying to commit suicide and parked his gas-drenched SUV on the tracks.

A fast-moving Metrolink train struck the SUV, derailed and struck a parked Union Pacific locomotive before colliding with another Metrolink train traveling in the other direction.

According to an article, an attorney for the plaintiffs said Metrolink agreed to settle nearly 90 % of the cases, including nine wrongful death claims and 15 serious injury cases. Both sides are trying to resolve the remaining cases ahead of trial set for January 4.

Alvarez was convicted last year of murder for causing the crash and sentenced to 11 consecutive life terms.

If the civil trial proceeds, attorneys will argue the wreck could have been prevented if the engineer had hit the emergency brake. The engineer said he applied the emergency brake as soon as he realized the SUV was parked across the tracks. However, data from the train showed the engineer applied the service brake for six seconds, instead of immediately hitting the emergency brake.

It was the deadliest rail disaster in California history until last year, when a Metrolink train collided with a freight train in suburban Chatsworth, killing 25 people. A federal investigation revealed a number of safety violations, including a text message sent by the commuter train’s engineer seconds before the collision.

Continue reading " California Train Derailment Victims Settle for $30M " »

An October 9th explosion and fire at an asphalt plant in eastern Pennsylvania injured three workers, two of them critically.

According to an Associated Press article, an electrical panel burst into flames in the control room of the H&K Group’s South Reading Blacktop plant at 11 a.m. on October 9. A male electrical contractor was eating lunch in front of the screen. Two workers, a 57-year-old man and a 49-year-old man were injured after they and others rushed to help the worker who was eating in front of the screen.

The man eating lunch and the 57-year-old were in critical condition October 10 at a nearby hospital. The 49-year-old was treated for smoke inhalation.

The company called the blast a flash electrical fire and says it was the first such accident at the facility. State police and the federal Occupational Safety and Health Administration have also been investigating.

The families of these injured workers would be well advised to contact an experienced Philadelphia workers' 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 " Pennsylvania Flash Electrical Fire at Asphalt Plant Injures 3 " »

A freshman student at Delaware County’s Williamson Free School of Mechanical Trades died after he was electrocuted during a class on October 9th at the school’s power plant.

According to an article in the Philadelphia Inquirer, an 18-year-old male student from Darby Township apparently was wiring a large lamp when he was hit by a jolt of electricity.

The male student was rushed by ambulance to a nearby hospital and pronounced dead.

The school is still gathering information about the tragic accident. The college also will bring in accident experts to determine the exact cause and make sure the school’s accident prevention policies are adequate.

The Inquirer reported that other students were with the 18-year-old in the power plant. It was not clear how many or how close they were to him when the accident happened. There are about 40 students in this particular student’s electrical program who are typically together in the power plant.

The student’s family would be well advised to obtain a wrongful death attorney who could determine if there was any negligence or wrongdoing. When needless death occurs due to negligence of another party, wrongful death lawsuits can be filed. In these lawsuits, the decedent’s heirs sue the negligent party or parties for damages related to the loss of life and their own pain and suffering. It is recommended that families who think their family member’s death was wrongful first contact a wrongful death attorney for a case assessment. If the case is valid, the attorney can help investigate the claim, gather evidence, represent them in court, and collect the compensation they deserve.

Continue reading " Electrical Accident Kills College Freshman " »

A 27-year-old man from Maple Shade, NJ has been charged with killing his passenger and an oncoming motorist while driving under the influence of marijuana.

According to an article in the Philadelphia Inquirer, the driver was charged with two counts of vehicular homicide and one count of assault by auto in the Aug. 9 deaths of a 63-year-old from Mansfield, and a 22-year old from Maple Shade.

He was driving west on Route 38 in Mount Laurel, NJ on Aug. 9 when he accelerated to prevent a sedan in the lane to his right from merging ahead of him.

According to the article, he lost control, struck the median, and went airborne into oncoming traffic. His Chevrolet pickup truck struck two vehicles, killing the driver of a Toyota Highlander. The man’s passenger died later that day.

Police determined that the man’s vehicle had exceeded 80 miles per hour just before the crash and that he was under the influence of marijuana at the time of the collision.

Continue reading " Fatal Route 38 Collision: Driver Charged with DUI " »

On October 12, a mobile crane working on a church steeple toppled near Rittenhouse Square, Philadelphia, killing the crane operator and injuring a woman standing nearby.

According to an article in the Philadelphia Inquirer, the orange aerial lift, working at the First Presbyterian Church at 21st and Walnut Streets, fell at about 1:15 p.m. that day. It knocked down a streetlight, sheared off a stoplight, and clipped the roof of a building on the north side of the street.

The crane operator was turning the machine when one wheel rolled over a cable access cover, the heavy lid gave way, the machine wobbled then fell. He was taken to a hospital, and was pronounced dead at 1:42 p.m.

The church had hired Masonry Preservation Group, of Merchantville, N.J. to perform a survey of the church’s stone exterior.

MPG does extensive work in Philadelphia on the maintenance and restoration of historic stone and masonry structures. It brought several of the truck-mounted cranes and set them up around the church.

According to article, the operator turned the crane, one of the four enormous wheels at the base rolled over a cable access panel. It started to tilt and it swayed out about 20 feet into the street. Then it swayed back towards the church. The second time it swung out, it toppled over.
The type of equipment involved in the accident, known as an AWP or aerial lift platform, is not technically considered a crane, and is not subject to the strict regulations put in place by Philadelphia last year.

The family of the crane operator would be well advised to contact an experienced Philadelphia 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 " Rittenhouse Square Crane Accident Kills Operator " »

The Obama administration reported on September 30 that nearly 6,000 people were killed and a half-million injured last year in vehicle crashes connected to driver distraction, an indication of the dangers of using mobile devices behind the wheel.

According to an article, the Transportation Department was bringing together experts over two days for what was called a “distracted driving summit” to take a look at the highway hazards caused by drivers talking on cell phones or texting from behind the wheel. Secretary Ray LaHood said the administration would be developing ways of curbing distracted driving.

Transportation officials said in a research report that 5,870 people were killed and 515,000 were injured last year in crashes where at least one form of driver distraction was reported. Driver distraction was involved in 16 percent of all fatal crashes in 2008.

The panel of government officials, safety advocates, researchers and lawmakers hoped to develop a consensus on the roadway hazards and hear warnings from young adults who caused car accidents because they were texting while driving.

The new data underscored the major problem of distractions involving young drivers. The greatest proportion of distracted drivers were those age 20 and under. Sixteen percent of all under-20 drivers involved in fatal crashes were reported to have been distracted while driving, the government said.

Continue reading " Almost 6,000 Deaths Caused by Driver Distraction " »

The widow of the small-plane pilot killed on August 8 in a collision with a helicopter over the Hudson River between New York and New Jersey has filed a wrongful-death lawsuit. According to an article by the Associated Press on Philly.com, she is accusing the helicopter operators of operating an aerial “bumper car.”

The crash killed nine people aboard the two aircraft, including the pilot from Ambler, Pa. The federal lawsuit filed this week in Philadelphia seeks more than $1.3 million in damages.
The woman sued tour company Liberty Helicopters, helicopter owner Meridian Consulting I Corp., manufacturer American Eurocopter and several of their insurers.

Her suit charges that Liberty and Meridian have a history of accidents and that American Eurocopter failed to equip the helicopter with sufficient safety equipment.

The crash also killed the pilot’s brother and nephew, along with the helicopter pilot and five Italian tourists.

The family also plans to sue the Federal Aviation Administration, which employed the controller, and a supervisor who had allegedly left on an unauthorized errand.

When needless death occurs due to negligence of another party, wrongful death lawsuits can be filed. In these lawsuits, the decedent’s heirs sue the negligent party or parties for damages related to the loss of life and their own pain and suffering. It is recommended that families who think their family member’s death in Pennsylvania was wrongful first contact a wrongful death attorney in Philadelphia for a case assessment. If the case is valid, the attorney can help investigate the claim, gather evidence, represent them in court, and collect the compensation they deserve.

Continue reading " Wrongful Death Suit Filed Against Chopper Owner, Maker Over Hudson Crash " »

A 79-year-old man accused of hitting a female cyclist was charged with driving under the influence of alcohol and leaving the scene of an accident. According to an article on Philly.com, the female bicyclist was hit on October 2 by a truck in Center City and is in critical condition. Initially the driver was charged with suspicion of driving under the influence.

The woman who was injured is believed to be in her 40s. She was hit about 7:30 p.m. at 22d and Market Streets. The article stated that SEPTA police stopped the truck at 22d and the Benjamin Franklin Parkway.

The driver of the truck should be held both civilly and criminally responsible for the woman’s injuries. She and her family would be well advised to seek the advice of an experienced Pennsylvania bicycle accident attorney.

Continue reading " Cyclist Injured in DUI Hit and Run Accident " »

The trial is going to begin in a medical malpractice lawsuit following the death of a University of Pennsylvania sophomore. She died in September 2007 of meningitis. According to an article on Philly.com, her family claims that the Hospital of the University of Pennsylvania was negligent in performing a lumbar puncture on a patient with brain swelling, and that her brain herniated, killing her.

The hospital maintains that the sophomore received outstanding care and that the lumbar puncture, commonly known as a spinal tap, is the standard test for meningitis.

The suit is being heard in Philadelphia Common Pleas Court.

If you or someone you love has been treated with substandard care by a doctor or healthcare provider and has suffered an injury or disability as a result, that patient has been the victim of medical malpractice. Misdiagnosis, failure to diagnose, surgical errors, prescription drug errors, birth injuries, failure to treat diseases, delay in treatment, and negligence are just a few examples of medical malpractice. People of all ages are at risk for medical malpractice, including children, adults, and the elderly.

Continue reading " Trial Begins in Medical Malpractice Suit for Penn Student's Meningitis Death " »

A bankruptcy court judge overseeing certain Chrysler assets approved a $24 million settlement in the death of a California longshoreman run over by a Dodge pickup. According to an article, the settlement comes more than two years after a Los Angeles Superior Court jury awarded damages of more than $55 million to a deceased man’s family. The family argued the automaker had failed to fix and adequately warn consumers about a transmission defect that made it appear trucks were in park position, when they actually were between gears.

An appeal of the jury verdict by the former DaimlerChrysler was delayed by Chrysler’s Chapter 11 bankrupcty filing in April, leading to negotiations that resulted in a settlement.

The 38-year-old suffered fatal head injuries when he was run over by a 1992 Dodge Dakota at the Port of Los Angeles on April 13, 2004. Both sides in the lawsuit said he had left the truck running without setting the parking brake, but they differed on who was to blame for the accident.

Attorneys for the man’s family argued that the truck slipped into reverse after the man got out. Those attorneys said DaimlerChrysler had received more than 1,000 “park-to-reverse” complaints involving 1988 through 2003 model Dakotas. The family’s attorneys argued that the company issued a recall in 2000 but it was for repairs that failed to fix the problem.

Jurors found in March 2007 that DaimlerChrysler was negligent in the truck’s design, and for failing to warn consumers or adequately recall the vehicle.

Continue reading " $24M Chrysler Wrongful Death Settlement Approved by Judge " »

A 42-year-old man was critically injured on Jan. 11, 2008 after getting hit by a car right after stepping off a SEPTA bus in Frankford, PA. According to an article in the Philadelphia Daily News, he is suing the transit agency and the drivers of the bus and car.

The injured man was struck unconscious and is now confined to a wheelchair with limited mobility in his arms and legs.

The article stated that instead of pulling over into the bus lane, the driver stopped in the traveling lane to let passengers off at Bridge Street.

After the man got off the bus, he was struck by a Mazda that was trying to pass the bus on the right.

The lawsuit says that as a result of the defendants’ negligence and intentional acts, the man suffered “neurological damage, paralysis, speech impediment, loss of motor function, excruciating and agonizing pain.” The lawsuit was filed September 22 in Common Pleas Court. The suit seeks a jury trial and more than $50,000. The injured man said he has and will incur enormous medical bills in excess of one million dollars.

Continue reading " SEPTA Drivers Sued Over Auto Accident " »

According to an article on Philly.com, a $4.85 billion fund was set up so that Merck & Co. Inc. can compensate kin of those who died of heart attacks or strokes.

The claims are from the families of more than 3,100 users of its Vioxx painkiller who died of heart attacks or strokes because of the drug.

The fund will pay about 3,000 claims for heart-attack deaths and at least 122 for strokes.
Merck launched Vioxx in 1999 and withdrew it in 2004 when a study showed the drug doubled the risk of heart attacks and strokes. Merck set up the fund in 2007 after reserving $1.9 billion to fight 26,600 Vioxx lawsuits.

The facts of each case determine the extent of Merck’s liability, which analysts once estimated to be as much as $20 billion overall.

Families of heart-attack victims who died will get an average payment of about $374,000. The amount will depend on the Vioxx user’s age, how long he or she took the drug, and whether the person had health risks such as obesity or hypertension.

Continue reading " Merck to Pay 3,100 Vioxx Claims " »

Rider University has settled a lawsuit with the family of a California student who died from alcohol poisoning at a fraternity event in 2007.

According to an article by the Associated Press, financial terms were not disclosed.

The university has agreed to ban alcohol in dorms and at on-campus fraternity and sorority social events, strengthen sanctions for alcohol violations, and tell parents about incidents.
Other changes already in practice include imposing stiffer sanctions for hazing, putting live-in directors in Greek houses, and posting information about fraternity misconduct on a Web site.

When needless death due to the negligence of another party occurs, like the death of the student in the above case, wrongful death lawsuits can be filed. In these lawsuits, the decedent’s heirs sue the negligent party or parties for damages related to the loss of life and their own pain and suffering. It is recommended that families who think their family member’s death was wrongful first contact a wrongful death attorney for a case assessment. If the case is valid, the attorney can help investigate the claim, gather evidence, represent them in court, and collect the compensation they deserve.

Continue reading " Student's Wrongful Death Settled in Rider University Suit " »

On September 12, a Lower Township, NJ man was killed, and his wife and teenage daughter critically injured, when a man’s car crossed the center line on a curve and hit their car. According to an article in The Philadelphia Inquirer, the driver of the vehicle responsible for the accident was charged with death by auto and driving while intoxicated. This is his eighth drunken-driving arrest since 1996.

For 13 years, the legal system has tried to stop this particular man from drinking and driving. He was sent to alcohol treatment and to jail and his driver’s license was taken away. Yet the Philadelphia resident continued to get arrested.

On Saturday, September 12, a 50-year-old father of four was pronounced dead at the scene of the accident, minutes from his home on Route 9 in New Jersey.

His wife was taken to Atlantic City Regional Trauma Center, and their 13-year-old daughter was taken to Cape Regional Medical Center. Both remain in critical condition.

According to the article, the man who caused the accident had been through the system many times in Philadelphia and had been given numerous opportunities for rehabilitation. They took the man’s license away, but he was still driving. Many people have been killed by repeat offenders.

Mothers Against Drunk Driving is pushing for tougher legislation to target repeat offenders because the recidivism rate among drunken drivers is so high. After a third conviction in New Jersey, drivers are required to install ignition locks that prevent anyone from starting a car without first passing a breath test.

Continue reading " Man Responsible for Fatal Accident Had Series of Arrests " »

On September 15, an attorney told a Philadelphia jury that GlaxoSmithKline P.L.C. ignored evidence for years that its antidepressant Paxil may have caused birth defects. According to an article in The Philadelphia Inquirer, this attorney represents a woman who says that taking the drug during her pregnancy caused her three year-old son’s heart problems.

The Bucks County resident, a former cheerleader for the Philadelphia 76ers, is making the claim for her son who appeared briefly in the courtroom this morning. According to her attorney, Glaxo told its scientists to avoid disclosing possible risks associated with the drug’s use by pregnant women.

An attorney for GlaxoSmithKline is claiming there is no evidence that Paxil caused the child’s heart problems. The case is being heard in Common Pleas Court.

The woman’s attorney showed the jury a series of documents that showed that Glaxo knew before Paxil went on the market that rats administered the drug were more likely to have pups that didn’t survive past four days and that the rate of death increased with higher doses of Paxil.

In the late 1980s, at about the same time as the rat study, an internal Glaxo scientist warned that “there remains the possibility that this compound could be teratogenic (meaning can cause birth defects) at higher dose levels.”

The trial is the first of more than 600 cases alleging that Glaxo knew Paxil caused birth defects and hid those risks to pump up profits. Approved for U.S. use in 1992, the drug generated about $942 million in sales last year, 2.1 percent of Glaxo’s total sales.

Continue reading " Trial Opens in Philadelphia in Paxil Lawsuit " »