Pennsylvania Personal Injury Blog

On March 15, 2010, carbon monoxide from a propane-powered tile cutter being used in a grocery store renovation in Pennsylvania sickened at least six people.

According to this article on Philly.com, about 35 people were evacuated from the Giant supermarket in Easton, PA after construction workers complained of nausea and headaches.

The carbon monoxide levels were life-threatening in the construction area, which had been separated from the rest of the store by a tarp. The rest of the store had low levels of the odorless and colorless gas.

Giant resumed normal operation after being inspected by state and local officials.

The injured workers would be well advised to contact an experienced worker’s compensation attorney in Pennsylvania 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 "Carbon Monoxide Sickens 6 at Eastern Pennsylvania Grocery" »

According to a recent article, federal safety officials are investigating a DuPont chemical plant after a series of leaks that resulted in the death of one worker.

The DuPont Belle plant in West Virginia is on safety shutdown after three leaks were reported. One leak, which released about 1,900 pounds of hazardous methyl chloride, went unnoticed for 5 days.

The federal Occupational Safety and Health Administration and the U.S. Chemical Safety Board are investigating.

On January 23, 2010 a worker was taken to a Charleston hospital after being exposed to the chemical phosgene. The article reported that a 58-year-old man who was a 32-year DuPont employee died on January 24, 2010.

Phosgene is used to make plastics and pesticides, and can damage the respiratory system.
The company reported the methyl chloride leak to emergency officials on January 22. On the 23rd, the worker was taken to the hospital after being exposed to phosgene residue in a transfer line.

Continue reading "W. Va. DuPont Worker Dies after Phosgene Exposure" »

On December 18, a federal jury Friday awarded more than $100 million to 10 workers who claimed they were injured in 2007 when a toxic substance was released at BP PLC’s Texas City plant.

According to an article by the Associated Press, the jurors in Galveston, TX gave each contract worker $10 million in punitive damages. Nine of the workers were also awarded between $5,000 and $10,000 for pain and suffering and medical expenses, while the 10th got more than $240,000.

BP denied it had harmed any of the workers. They also rejected a proposal to settle for $10,000 for each worker.

The refinery was the site of a 2005 explosion that killed 15 people and injured 170, the worst U.S. industrial accident since 1990.

The refinery has a history of fires, chemical releases, and worker deaths.

The U.S. Chemical Safety and Hazard Investigation Board found that bad management at the plant and cost-cutting moves by BP were factors in the explosion.

In October, the Occupational Safety and Health Administration imposed a record $87 million fine against BP for failing to correct safety hazards after the 2005 blast.

The workers’ lawsuit claimed that in April 2007, more than 100 contract employees at the plant were sent to hospitals after claiming they were exposed to a toxic substance released at the refinery.

Continue reading "Jury Awards BP Workers $100 Million in Lawsuit" »

The Ford Motor Co. has settled a lawsuit filed by residents of a northern New Jersey town over toxic waste dumped there nearly 40 years ago. According to an article, the settlement was announced in state Superior Court. The residents of Ringwood, about 25 miles northeast of New York City, will receive about $10 million.

An attorney for the Plaintiffs alleged that they had been injured by exposure to toxic chemicals at the Ringwood landfill site. After more than three years of litigation, the parties have entered into a settlement that will resolve all the claims in the litigation.

Under terms of the settlement, Ford and two other defendants, URS Corp. and Arrow Group Industries, admitted no liability for the residents’ claims of health problems caused by the waste.

The article stated that during the 1960s and 1970s, contractors hired by Ford dumped thousands of tons of paint sludge and heavy metals from a car manufacturing plant in nearby Mahwah into landfills, open pits and an abandoned mine that dates back to the 18th century.
The Ringwood site was placed on the federal Superfund list, a ranking of the country’s worst environmental dump sites, in 1983.

Large amounts of hardened paint sludge and other waste were discovered. A joint federal-state report released that year found the site contained potentially unsafe levels of metals and chemicals.

Residents blamed the toxins for serious illnesses including certain cancers and skin diseases, and about 700 of them joined a lawsuit in 2006.

Continue reading "NJ Toxic Waste Exposure Lawsuit Settled by Ford" »

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" »

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" »

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" »

Pennsylvania environmental officials have announced a $34,187 fine against a chemical company for a toxic leak that caused an acid cloud and forced hundreds of Butler County residents to be evacuated. According to this news report, Indspec Chemical Corp. has already been hit with a $121,500 in fines for federal workplace safety violations after an October 11, 2008 leak in its Petrolia plant. About 3,300 pounds of oleum leaked when a transfer tank overflowed. The type of sulfuric acid cloud that formed over the area as a result of the leak could have caused respiratory damage and skin burns, officials said. But so far, no workplace injuries have been reported as a result of this leak.

When it comes to Pennsylvania manufacturing plants, it is up to manufacturing companies to maintain a safe environment not only for their employees, but also for the area residents and neighbors. In this case, the company did not do its due diligence in making sure proper safety procedures were followed and their workers were properly trained to do their jobs. It is indeed fortunate that no one – neighbors or employees – suffered serious personal injuries as a result of this toxic leak in Pennsylvania.

If you have suffered toxic exposure as a result of such negligence or if you have suffered a workplace accident because your employer failed to maintain a safe environment, you are entitled to compensation. Please contact a skilled Pennsylvania workers compensation lawyer, who has experience successfully handling workers compensation claims and cases involving on-the-job injuries. At Cherry, Fieger & Marciano, we have the skill, the knowledge and access to experts who can strengthen your case and make sure you receive fair compensation for the injuries and loss you have suffered. Call us today for a free consultation.