Pennsylvania Personal Injury Blog

Two men died at a refinery explosion and fire last week at Navajo Refinery in New Mexico. According to this Associated Press article on Philly.com, authorities located the body of the first worker immediately after the March 2, 2010 fire. A second man was missing and presumed dead. A parent company of the refinery confirmed his death.

Two other workers were injured in the blaze, which was confined to a new asphalt storage tank under construction away from the refinery’s main operations.

All four workers were employed by a refinery contractor, Northwest Insulation.

The families of the workers who died, as well as the injured workers, 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 Philly workers comp 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 "Worker Deaths at New Mexico Refinery Confirmed" »

Hundreds of people nationwide said they were poisoned by their denture cream. According to this article in the Philadelphia Daily News, lawsuits filed against GlaxoSmithKline, maker of Poligrip, and Procter & Gamble, manufacturers of Fixodent, allege that the companies knew their products were dangerous and did not protect consumers.

The suits allege that adding zinc to the products had adverse health effects on some users. Zinc helps bond dentures to gums.

Among the lawsuits is a woman who is now classified as a quadriplegic and others whose hands have deteriorated and look like claws.

According to the article, GSK launched a voluntary recall of Poligrip EX in Japan last week. However, the product was not recalled in the U.S.

A larger suit involving 75 plaintiffs is in federal court in Miami.

Plaintiffs in the lawsuits allege that they were unclear about how much product was safe to use until it was too late and their bodies had been damaged.

Late last year, GSK began including an insert in its denture packaging, noting that even the smallest size tube (0.75 oz). is meant to last about three weeks.

By the time the insert was released, many people’s bodies were already damaged.

Continue reading "Zinc in Dental Adhesives Can Cause Injuries" »

The Hospital of the University of Pennsylvania reported a possible radiation error involving the treatment of a man for prostate cancer. According to this article in the Philadelphia Inquirer, a patient underwent a prostate brachytherapy procedure on Jan. 21 to implant 65 radioactive seeds to kill cancer cells in the acorn-size gland. On a follow-up scan on Feb. 23, doctors saw that the seeds were “outside the intended target.”

The incident is similar to problems at the Penn-run brachytherapy program at the Philadelphia VA Medical Center.

From February 2002 until June 2008, 97 veterans got incorrect radiation doses.

The article stated that the incident at Penn was reported to the state Department of Environmental Protection, which oversees the medical use of radioactive materials in Pennsylvania for the U.S. Nuclear Regulatory Commission. The incident may have been caused by a malfunction in a new ultrasound unit, which guides the needles used to place the radioactive seeds.

The problems at the Philadelphia VA raised questions about the Penn program’s quality.

Continue reading "Possible Prostate Case Error at Penn Hospital" »

According to this article in the Philadelphia Inquirer, the Hospital of the University of Pennsylvania was sued in federal court for allegedly refusing to accept Marcus Murray because he lacked health insurance.

Murray needed emergency surgery to treat a tear in a major artery. Marcus and his wife, Jean, claim that Penn initially said it would accept Mr. Murray’s transfer from Underwood Memorial Hospital in Gloucester County, NJ. Then, Penn refused after learning he had no health insurance.

The article stated that the suit named a Penn cardiothoracic surgeon, Underwood, and its emergency-room doctor on the case, alleging that Underwood failed to properly diagnose Murray’s condition and did not transfer him to a hospital capable of dealing with his problem soon enough.

Murray was experiencing chest pain and weakness and went by ambulance to the Underwood ER.

A CT scan revealed a “complex dissection of the thoracic and abdominal aorta” that would require treatment by a cardiothoracic surgeon.

Underwood does not have open-heart-surgery capability, so Murray needed to be transferred to another hospital.

According to Murray’s Underwood records, Penn had agreed to accept Murray, and he would get a helicopter to transport him to Philadelphia. Records showed that after speaking with the Penn surgeon, they were told Mr. Murray was not accepted. Nurse’s notes indicated that the reason for refusal was lack of medical insurance.

Continue reading "PA Hospital Sued Over Failure to Admit Patient" »

A Philadelphia jury ordered Pfizer Inc.’s Wyeth unit to pay $9.45 million to an Alabama woman who claimed that the company’s hormone-replacement drug caused her breast cancer. According to this article in the Philadelphia Inquirer, the woman was awarded $3.25 million in compensatory damages and $6 million in punitive damages. The verdict also included $200,000 to the woman’s husband for loss of consortium.

More than six million women took the pills to treat symptoms such as hot flashes and mood swings before a 2002 study highlighted the drugs’ links to cancer.

Before 1995, many patients combined Premarin, Wyeth’s estrogen-based drug, with progestin-laden Provera, made by Pfizer’s Pharmacia & Upjohn unit. Wyeth combined the two hormones in Prempro.

Approximately 8,000 people who used Pfizer’s and Wyeth’s hormone-replacement drugs filed suit against the company. Many were filed as suits for dangerous drugs in Philadelphia.

The woman in this particular case, a mother of three, began taking Prempro in August 1997. Results of a mammogram at that time were normal. She stopped taking the drug in January 2004 after her breast cancer diagnosis.

Continue reading "Philadelphia Jury Awards $9.45 Million in Wyeth-Hormone Suit to Alabama Woman" »

State authorities suspended Kermit B. Gosnell’s medical license, a doctor whose practice in West Philadelphia was raided by federal drug agents. According to an article on Philly.com, the suspension was issued by the State Board of Medicine and came after a search of Women’s Medical Society practice.

The suspension order says the conditions of the clinic were “deplorable and unsanitary.”

The order called Gosnell’s continued practice of medicine a danger to the public health and safety.

Law enforcement sources said the FBI, DEA, and state drug agents who executed the search warrant had been investigating Gosnell, who is in his late 60s, on suspicion of illegal distribution of prescription painkillers.

The suspension order also alleges that on or about Nov. 20, a patient died after being treated at the clinic by an unlicensed employee. The woman was in the clinic for an abortion and was given 10 mg of Demerol and 12.5 mg of promethazine. When the patient began experiencing cramping, she asked for more pain medication, and Gosnell told the unlicensed employee to administer it.

The woman allegedly was given 75 mg of Demerol, 12.5 mg of promethazine, and 10 mg of diazepam, and later more anesthetic in preparation for the abortion.

Continue reading "Philadelphia Doctor's License Suspended after Patient Dies" »

On February 17, 2010, a 38-year-old school bus driver was driving a Perkiomen Valley school bus in Montgomery County when it collided with an oncoming car, killing a passenger in the car and seriously injuring its driver.

According to this article in the Philadelphia Inquirer, the school bus driver had previous citations and was involved in a fatal accident.

When a prospective employer checked the school bus motorist’s driving record, there were only two 1999 citations listed, careless driving and failing to heed a stop sign.

But, in November 1999, the male school bus driver had been on his cell phone when his Ford Explorer went through a stop sign in Bucks County and caused an accident that killed a 2-year-old girl and injured her mother. The fatal car accident in Pennsylvania led to a lawsuit resulting in a six-figure settlement.

The November of 1999 accident resulted in two violations for the 38-year-old man, one of which carried points. Neither the criminal nor motor-vehicle reports showed any record of the man being charged with a crime or any details about the 1999 accident.

The February 17th accident killed a 27-year-old man and seriously injured a 41-year-old man.
The article said that the bus carrying 45 children was turning across traffic into the Perkiomen Valley Middle School West parking lot when it collided with a Honda Civic carrying the two aforementioned men.

The 38-year old school bus driver was not hurt, but five students were treated at the scene for minor injuries.

Continue reading "School Bus Driver in Montgomery County Fatal Crash Has Bad Record" »

Toyota and the government are looking into complaints that the Corolla is difficult to steer straight. This is raising another safety concern before the upcoming congressional hearing about the automaker’s recalls.

According to an article on Philly.com, the Toyota executive in charge of quality control said the company was reviewing about 100 complaints about power steering in the Corolla.

The executive said drivers may feel as though they were losing control over the steering, but it was unclear why. He mentioned problems with the braking system or tires as possible underlying causes. U.S. officials are also investigating.

The article stated that the company was prepared to fix any defects it found and that it would install a backup safety system in all future models worldwide that will override the accelerator if the gas and brake pedals are pressed at the same time. Acceleration problems are behind most of the 8.5 million vehicles recalled by the automaker since November of 2009.

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

Continue reading "Corollas Pose New Concern for Toyota" »

Patients not only have their health to worry about, but they also have to concern themselves with the medical devices that are used to diagnose and treat their ailments. According to an Latimes.com report, the well publicized CT Scan malfunction which resulted in accidental radiation overdosing to patients could be a national dilemma.The FDA found that a 3rd L.A area hospital, Providence St. Joseph, has overdosed 34 patients over a 20 month interval. The patients, who had gone to the hospital to have a brain scan performed, were found to have been exposed to unsafe levels of radiation.

The CT Scan, which scans those who have suffered a stroke, aids hospital officials in determining how much damage has been done to the brain. Another issue that raises concerns for FDA officials and the public is that the problem with the first two hospitals involved scanners from GE, but the scanner in the third hospital is manufactured by Toshiba. A doctor who is the acting director of the FDA’s Center for Devices and Radiological Health said, “Given the fact that we are dealing with two manufacturers and multiple institutions, we wouldn’t be surprised if there are more problems at other institutions”.

Hospitals throughout the country have been directed by the FDA to review radiation dosing guidelines when a CT perfusion scan will be performed. This means that CT technologists must be trained to check the display on the scanner prior to the scan. According to the FDA, an estimated 150,000 CT brain perfusion scans are carried out yearly throughout the country. It is of the utmost importance for all the machines to be checked properly and hospital personnel must be accurately trained to operate them as soon as possible. The FDA is continuing their investigation as to whether the overdoses are a result of human error, defective machines, or both.

Continue reading "FDA Orders National Review of Hospital Scanners" »

Parents of newborns should take special heed of the following story about faulty baby crib products. The Associated Press reported that government officials have ordered a second recall of two crib models from LaJobi Inc., a company based in Cranbury, New Jersey.

The first recall was issued back in 2001 because of potential entrapment and strangulation hazards. Officials at the Consumer Product Safety Commission reported that they had received a report of a one year old Mississippi girl lodging her head between the decorative cutouts on the headboard, causing her death. The accident took place in 2003 but officials declined to specify when they were made aware of this sad accident.

CPSC reports that the cribs were manufactured back in the year 2001 which could make it particularly difficult to inform parents as they probably have given or sold the crib to another individual or it may be being offered at second hand stores. The LaJobi models were made in Italy and are called Molly and Betsy Style. If you believe that you possess one of these cribs LaJobi urges you to contact them by phone for replacement panels at 1-800-266-2848.
Parents expect that their children will be completely secure in a crib, but unfortunately, this is not always the case. There are a number of ways in which the crib you choose could potentially harm your child. Although baby products are highly regulated to prevent injuries, some manufacturing problems and other mistakes can hurt your infant.

Continue reading "Crib Models "Betsy" and "Molly" Recalled" »

Most Pennsylvanians have heard the news of a hospital in Los Angeles, California that accidentally exposed CT scans patients to dangerous levels of radiation. Officials believe that patients received up to 8 times the prescribed dosage at the Cedars-Sinai hospital.

The troubling revelation has many experts proclaiming that there is too much reliance on medical machinery in the health industry and that this is a growing problem of modern technology.

Chief medical officer for Siemens, a manufacturer of CT scanners, said, “It’s in your face on the screen,” when describing the radiation levels during a CT scan. Investigators are trying to figure out why no one noticed the problem for 18 months. Director of the Center for Radiological Research said, “It’s pretty mystifying to me.”

The state Department of Public Health and the FDA are investigating while Cedars-Sinai claims that the overdoses happened as a result of the hospital reconfiguring a scanner in order to improve physicians’ capability to see blood flow in the brain. Cedars-Sinai released a statement that said they have “added double-checks to our process whenever a protocol is changed.”

Continue reading "Cedars-Sinai Overdoses at Least 206 CT Scan Patients With Radiation" »

Two bridge-builders working on the Pennsylvania Turnpike were injured when a ten-foot circle of steel tipped over and them along with parked cars. The two men were immediately taken to local hospitals with what was thought to be non life-threatening injuries, according to the Parryville Fire Chief. They are employees of Walsh Construction and were working on laying the steel framework for a column support for a bridge replacement project in its early stages. The fire chief, one of the first to respond to the accident, reported that he was not sure what the cause of the accident was, but that an investigation would be carried out.

Construction sites are very dangerous work places and the state and federal government have imposed safety policies and regulations to ensure worker safety. Construction accidents in Pennsylvania continue to be common, despite the many state and federal regulations, as well as industry standards, requiring owners, general contractors and sub-contractors to implement a wide variety of safety measures to ensure worker safety. Negligent general contractors, sub-contractors, vendors, and employees can cause many of these dangers, which often result in substantial injuries to construction workers at the job site. In fact, construction accidents often cause life-threatening conditions, require amputation or extensive reconstructive surgery, and tragically leave innocent victims with brain injuries, disfigurement, and other conditions that impact their ability to hold down a job or even pay for their own care.

Continue reading "Builders Injured While Working on PA Turnpike Bridge" »