The accident occurred when a train heading out of New York City derailed and was hit by a train heading in the opposite direction. U.S. Sen. Richard Blumenthal told the Associated Press that "the damage is absolutely staggering." He and other people who have viewed the scene of the train collision believe it is fortunate no lives were lost.
]]> Metro-North, the company that runs the commuter train lines involved in the accident, is also investigating the accident and has said that passengers can and should remain confident that they are safe on these trains. Until the investigation determines what caused the accident, however, many people who ride commuter trains may question that safety.If there was a fractured rail, what caused it? Why wasn't it noticed before the accident? Other possible causes include misaligned rails, brake problems, excessive speed, poor train handling and defects in the train's wheels. Depending on the cause of the train collision and who owns the rails, Metro-North could face its fair share of personal injury lawsuits.
While train accidents are much less common than automobile accidents, when they occur, they can be devastating and injure many people. In our own state, Amtrak accidents and accidents involving the Southeastern Pennsylvania Transportation Authority (SEPTA) have injured numerous people. If you are one of those people, you may be able to recover compensation for your medical bills, loss of income, pain and suffering, and other damages that resulted from the accident.
Source: MyFoxPhilly.com, "Official: Broken rail eyed in Conn. train crash," John Christoffersen, Associated Press, May 18, 2013
]]>In 2009, three patients died after their lap-band procedures at the clinic and at least one wrongful death lawsuit and six medical malpractice claims were brought against the doctor who performed Christie's procedure.
Lap band, or gastric banding, procedures involve the installation of a silicone band around the upper part of the stomach to restrict hunger. The procedure, however, has been linked to multiple issues, including band erosion, infections, scarring and ulcers. In patients who are not overly obese, however, it has had fewer complications than other weight-loss procedures, such as sleeve gastrectomy and gastric bypass.
]]> Because of the dangers posed by lap-band, or gastric banding, procedures, the U.S. Food and Drug Administration requires health care professionals and facilities to inform patients about the risks and detail those risks in advertisements for the procedure.Like any surgical procedure, the medical professionals performing the procedures can also make mistakes and cause injury to patients. It appears that Christie's surgery went well and he has not had any complications to this date. Unfortunately, not everyone has his luck. If you were injured during a lap-band surgery or have faced complications, you may be able to hold the lap-band manufacturer or surgical team accountable for your injuries through a medical malpractice or product defect lawsuit.
Learn more by visiting our pages on surgical errors.
Source: Philly.com, "Christie's Stomach Procedure Has Fans, Skeptics," Stacey Burling, May 9, 2013
]]>It appears that the car's driver was driving drunk and may have caused the accident. Yet, a different culprit may also have contributed to the injuries: the van itself.
Because of their design and cargo load (usually people), as well as the frequency of tire underinflation, 15-passenger vans frequently rollover. According to the National Transportation Safety Board (NTSB):
Injured in a 15-passenger van accident? Visit our pages on Philadelphia motor vehicle accidents.
Source: CBS Philly, "13 People Injured In Northeast Philadelphia Van Accident," Al Novack, May 8, 2013
]]>Stents are surgical mesh tubes that open up clogged blood vessels. People who receive stents must be on blood thinners and other medications for the rest of their lives. Stents are not only costly, but also risky. They may need replacement over time and, in some cases, can collapse, causing imminent harm to a patient.
]]> While stents are vital for people who have life-threatening blockage and those with significant chest pain, they are not to be used lightly. That is one of the reasons a Philadelphia woman is suing the cardiologist after she learned her stent procedure was inappropriate.The woman was not one of the 20 patients in the survey by state regulators, but she received a letter from Pennsylvania Hospital explaining the issue and offering a free evaluation by hospital cardiologists. After the cardiologists determined that her stent was not needed, she brought a lawsuit against the original cardiologist for negligence, fraud and misrepresentation. While she does not have any complications or direct injuries from the stent, the improper procedure will require her to take blood-thinning medication for the rest of her life. Perhaps more importantly, she has a foreign object in her body that should not be there.
The woman is certainly not alone in her plight. Others who have been injured by the cardiologist can also take action against him. Surgery is always risky and should not be the “first option.” If a doctor’s choice to perform a risky procedure does not fall within the standard of care required by his or her profession, it may be possible to hold that doctor accountable through a medical malpractice lawsuit.
Learn more by visiting our pages on doctor negligence.
Source: Philly.com, “Suit Filed Over Stent Seen As Unnecessary,” Marie McCullough, May 4, 2013
]]>The bus stopped on train tracks 25 miles out of Pittsburgh and was hit by an oncoming train. The train’s horn sounded, but the engineer was unable to brake in time to avoid the collision.
]]> Now, investigators are working to determine if driver error or something else caused the accident. The bus driver’s attorney claims the medicine was nothing more than antacid tablets and the driver was not impaired at the time of the accident. If that is the case, then the bus-and-train accident may have been caused by other factors. There was heavy fog that morning and the train crossing was unmarked.Determining the cause of this accident is important for many reasons. If the bus driver was accountable, he may face criminal charges. Yet, the police aren’t the only ones who benefit from knowing the cause: the injured bus riders and the family of the deceased woman also need answers. Depending on what caused the accident, they may be able to hold the bus driver, bus company, railroad company and/or government accountable for their injuries.
Through a personal injury lawsuit, a family or injured person may be able to recover compensation for their physical injuries (including medical bills and rehabilitation costs), emotional damages (such as pain and suffering) and financial injuries (such as loss of income).
To learn more about bus accident lawsuits, please visit our page on Pennsylvania mass transit accidents.
Source: NBC 10 Philadelphia, “Driver In Deadly Bus Accident Had Mismatched Pills: Police,” Associated Press, May 2, 2013
]]>"A ban on mesh would have a chilling effect on research in this area and would severely limit the advancement of science and future innovations that could significantly help women," Tony Visco, the AUGS President, said in a March statement. "We recommend preserving all surgical options including transvaginal mesh for pelvic organ prolapse."
Thousands of women who have been injured by transvaginal mesh surgeries disagree. They have experienced prolapse recurrence, urinary problems, infections and other major, lifelong complications from surgeries that were meant to help them find relief.
]]> AUGS believes that the ban would negatively affect research and leave some women without options to deal with their pelvic floor disorders. It agrees that there have been serious complications with the mesh, but it appears to attribute those complications to surgeon malpractice rather than the transvaginal mesh products. "Instead of a ban on mesh," Dr. Visco mentioned, "hospitals and health care systems should adopt strict credentialing guidelines so that qualified surgeons are performing these procedures."Yet, some transvaginal mesh trials have already shown culpability on the part of manufacturers who misled doctors and patients about the dangers of transvaginal mesh implants. Juries have awarded women multi-million-dollar verdicts against manufacturers who failed to warn of the dangers.
The FDA issued a safety notice that warned that severe complications were "not rare" when using the transvaginal mesh products, but it has not forced a recall of the products, many of which are still on the market. Instead, certain state medical organizations have called for a ban on the surgeries because of the irreversible damage they have caused thousands of women.
Injured by transvaginal mesh? Visit our pages on transvaginal mesh lawsuits.
Source: Ob.Gyn. News Digital Network, "The American Urogynecologic Society Fights Back Against Transvaginal Mesh Bans," Mary Ellen Schneider, Apr. 24, 2013
]]>He was taken in under suspicion for driving under the influence of alcohol, an occurrence that is commonplace for him. While he was violating parole at the time of the fatal motorcycle crash, he was eligible to drive. Devastated, the father of the victim cannot understand how a person with five — now six — DUIs can still drive.
]]> The criminal justice system does what it can within the confines of the law to hold drunk drivers accountable for their mistakes. It, however, allows for concessions, and a family ultimately has little say in what happens in criminal court.There’s another option to hold drunk drivers accountable when they injure or kill someone else: civil court. In fact, victims and their families must bring a personal injury/wrongful death lawsuit in civil court in order to recover compensation for their injuries. Unlike most other personal injury cases, however, they can also recover something called “punitive damages.” These damages are in addition to compensatory damages (damages that compensate a plaintiff for his or her injuries) and are meant to punish the drunk driver for his actions.
The legal environment after a drunk driving accident is complicated and families do not want additional stress at a time of overwhelming pain and anger. Yet, with the right legal help, recovering compensation through a personal injury/wrongful death lawsuit can do many things to help a family recover emotionally, too. It can hold the drunk driver accountable. It can signal to the legal system that we will not accept this form of “homicide,” as the father of the April 26 accident victim calls it. And it can give families the financial security they need to move forward.
Read more about Philadelphia drunk driving accidents here.
Source: NBC10 Philadelphia, “Driver In Deadly Crash Had 5 Prior DUIs: D.A.,” David Chang, Apr. 30, 2013
]]>The study examined 350,000 U.S. medical malpractice allegations and payments made between 1986 and 2010. Researchers found that diagnostic errors, including misdiagnosis, incorrect diagnosis and delayed diagnosis, were the most frequent errors cited in medical malpractice claims and the most likely med mal claims to win in court.
]]> In fact:Why is failure to diagnose and misdiagnosis so common? First, diagnosis is not easy and often involves many moving factors, including a doctor's rushed schedule. Second, there is little intervention involved, since it can take months, even years, to notice a diagnostic mistake. Because the errors are hard to capture, there are fewer reporting requirements for diagnostic errors than other medical errors.
Were you the victim of misdiagnosis?
As this study shows, you are not alone. Yet, it also offers some hope: Medical malpractice lawsuits involving diagnostic errors are more successful than other med mal claims. Of course, not all misdiagnosis, delay in diagnosis or failure to diagnose cases are successful and some are not the result of medical malpractice. That is why it is important to speak with an attorney about your case.
Source: The Washington Post, "Diagnostic Errors Are Leading Cause of Successful Malpractice Claims," David Brown, Apr. 22, 2013
]]>Had anyone been seriously injured in the bus crash, it would be vital to determine what caused the tire blowout. Was it caused by unavoidable road debris or was it the result of bus driver, bus company or manufacturer negligence? For example, did a bus driver or company fail to inspect the tire for problems? Did it properly maintain the bus tires? Was the particular tire underinflated or overinflated? Was the tire defective?
]]> If the driver, bus company or manufacturer acted negligently, they could be held accountable for any injuries their negligence caused through a personal injury lawsuit.Bus accidents have become more and more common across the country. Locally, this is the third serious bus accident in 2013. In March, a bus accident on the Pennsylvania Turnpike killed the bus driver, a lacrosse coach and her unborn child. Only a month prior to that accident, another Philadelphia bus hit an overpass in Boston, injuring 35 people.
Source: NBC10 Philadelphia, "Blown Tire Caused Bolt Bus Crash: Report," David Chang, Apr. 23, 2013
]]>Their advice for medical professionals included:
Source: The Wall Street Journal, "The Experts: How To Improve Doctor-Patient Communication," Apr. 12, 2013
]]>According to the complaint, the plaintiff suffered serious injuries when a faulty ball joint broke, causing the vehicle she had rented to roll over. Injuries included disc herniation, lung contusion, heart contusion, fractured ribs and an L1 fracture. Because of her injuries, the plaintiff can no longer use her left arm. She will be able to use her portion of the $15 million to pay for her medical care, loss of income, pain and suffering, and other damages.
Improper Maintenance Leads to Multi-Million Dollar Verdict
The plaintiff claimed that the defendant, Central City Toyota, improperly maintained the 2006 Toyota Sienna, concealed vehicle defects and failed to warn the plaintiff of those defects. Central City Toyota countered that the plaintiff was speeding when the car accident occurred.
]]> This case is an interesting example of what can be accomplished through a product liability lawsuit. First Central City Toyota had evidence that the plaintiff was driving at excess speeds at the time of the accident. The jury, however, was more compelled by clear evidence that the faulty ball joint break caused the accident and the plaintiff's injuries.Second, the defendant allegedly offered a $1.7 million settlement earlier in the trial. By refusing the settlement, the plaintiff was able to substantially increase the amount of money she received for her injuries.
Each personal injury and product liability trial is different. Depending on the facts of a case, a plaintiff's actions (such as speeding) could reduce the amount of money he or she can recover. It all falls on whether the plaintiff's actions contributed to the accident. Similarly, it isn't always in a plaintiff's best interests to refuse a settlement offer. An experienced attorney can help you evaluate all aspects of your case and determine what the best strategy is for you and your family.
Source: The Pennsylvania Record, "Philly jury awards $15 million to plaintiff in products liability case against Toyota," Jon Campisi, Apr. 5, 2013
]]>The researchers reviewed police reports on fatal car accidents across the country. It found that one in 10 fatal car accidents were caused by distracted driving.
The most risky distractions included:
What Is Distracted Driving?
Distracted driving is any type of driving that impairs our ability to focus on the road. Impairment can include:
Some forms of distracted driving, such as texting while driving, involve all three impairments, making them especially dangerous. People who choose to text and drive -- or otherwise drive distractedly -- are putting everyone else at risk. When they cause fatal accidents, they may be held responsible through distracted driving accident lawsuits.
Source: Insurance Journal, "Insurer Analyzes top 10 Driving Distractions Involved In Fatal Car Crashes," Apr. 4, 2013
]]>"In medical training, doctors are taught the importance of listening to patients and their families, but the lessons are often too easy to forget," one doctor wrote in The Boston Globe. Multiple studies have shown that the stress caused by rigorous medical training creates a barrier to empathy for medical students that can extend into practice -- and that lack of empathy can equal less time spent listening and fewer apologies when things go wrong.
]]> A study out of Boston University School of Medicine, for example, found that students' empathy scores dropped during medical school and particularly during the third year. That year, the first year with patients, is the most strenuous for students, but also the year when empathy is the most important.One researcher, Mohammadreza Hojat, who published a study in Academic Medicine, believes that the lower levels of empathy comes not only from rigorous work but also from senior doctors who teach residents that medicine is a business, above all else. These doctors encourage residents to increase profits in a hospital by discharging patients quickly. The residents also learn to be defensive -- rather than apologetic -- to avoid medical malpractice claims.
The medical field is an evolving field, and the students/doctors are evolving with it. Medical schools have started to add exercises that focus on empathy and have cited studies showing that kindness can go a long way to help a patient heal, and that an apology can mean the difference between a medical malpractice lawsuit and a positive doctor-patient relationship.
Source: The Boston Globe, "Empathy Gap In Medical Students," Liz Kowalczyk, Mar. 25, 2013
]]>Linda's doctors told her that the TVM could be removed if there were complications, that it was not permanent. But five months later, when she asked for it to be removed, the implant had grown into her tissues. In her words, removal was like "cutting out bubble gum in your hair." That is why she, like thousands of other women, has had to undergo multiple surgeries to remove the mesh.
]]> Due to the complications, Linda's pelvic floor weakened, causing her organs to move (pelvic organ prolapse). The pain was excruciating and she was unable to perform even simple tasks. She had to give up her job as a nurse, could not be sexually active with her husband and was unable to do the activities she enjoyed. "I was active. Very independent," Linda said. She paid so much in medical bills that she exhausted her retirement savings.Linda sued Ethicon and Johnson & Johnson. In February, a jury found that Ethicon had fraudulently misrepresented the TVM and failed to warn of complications. The jury awarded Linda $11.1 million in damages.
Linda is not alone, and we can expect many more verdicts like hers in the coming months as TVM lawsuits go to trial. We thank PBS for bringing this important issue forward. As PBS noted, transvaginal meshes are not the "miracle devices" that manufacturers claim them to be.
Source: PBS, "Need to Know: March 22, 2012: Medical Devices," Mar. 20, 2013
Suffering from TVM complications? Visit our webpage on transvaginal mesh complications.
]]>A study published in the CDC's Morbidity and Mortality Weekly Report shows:
What do the statistics mean? Texting while driving, and distracted driving generally, is getting worse, not better.
Why does it matter? More than 3,000 people are killed every year in distracted driving accidents and nearly 400,000 are injured. In 2010, 18 percent of all injury-causing accidents were caused by distracted driving.
It seems that texting-while-driving laws and other distracted driving initiatives simply cannot keep up with today's technology. Between 2009 and 2011, the number of texts sent and received jumped 50 percent. New phone technology and lower prices means that more drivers have access to smart phones. And they are not afraid to use them in the car. After all, they are good drivers and can do two things at once, right?
That's the mentality we must all learn to avoid. It's the type of thinking that can cause an accident and, worse yet, death.
During this distracted driving awareness month, take some time to spread the word about the dangers of distracted driving. Perhaps you will even save a life.
Source: Distraction.gov, "What Is Distracted Driving?"
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