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Philadelphia Personal Injury Attorney Blog - Pomerantz Perlberger & Lewis LLP
Philadelphia Personal Injury and Medical Malpractice Attorneys serving the Philadelphia and Pennsylvania areas. Pomerantz, Perlberger and Lewis have extensive experience with serious injuries as a result of someone else's negligence.
Friday, September 28, 2007
Woman Left in CT Scan Machine For Hours
A Tucson, Arizona cancer patient was left in a CT scanner for hours after a technician apparently forgot about her; she crawled out herself when she awoke and found herself locked in the closed clinic. Elvira Tellez called her son in a panic and then called 911.
Police arrived at the oncology office and contacted the office manager, who was not aware of the situation. She was taken to the hospital and released the next day. Since the horrifying incident, Tellez claims she has trouble sleeping and has not yet received an explanation from the doctor's office. The technician did, however, call to apologize to her the next day.
After realizing she had been in the machine for quite some time, Tellez began calling out and then screaming for help. She spent several hours trying to free herself from the machine. She finally wiggled out from under a heavy blanket and out of the machine. By the time police reached her, five hours had elapsed.
If you or a loved one has suffered or died due to medical malpractice in Philadelphia or anywhere in Pennsylvania, please contact the medical malpractice attorneys at Pomerantz Perlberger & Lewis LLP.
Police arrived at the oncology office and contacted the office manager, who was not aware of the situation. She was taken to the hospital and released the next day. Since the horrifying incident, Tellez claims she has trouble sleeping and has not yet received an explanation from the doctor's office. The technician did, however, call to apologize to her the next day.
After realizing she had been in the machine for quite some time, Tellez began calling out and then screaming for help. She spent several hours trying to free herself from the machine. She finally wiggled out from under a heavy blanket and out of the machine. By the time police reached her, five hours had elapsed.
If you or a loved one has suffered or died due to medical malpractice in Philadelphia or anywhere in Pennsylvania, please contact the medical malpractice attorneys at Pomerantz Perlberger & Lewis LLP.
posted by Lynn at 2:11 PM
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Wednesday, September 26, 2007
Tofu Recall Expands
Quong Hop & Co. of South San Francisco, Calif., is expanding its recall of tofu products that might be contaminated with Listeria monocytogenes, to include products coded with two additional dates.
Listeria is a microorganism that can cause serious or fatal infections in children, the elderly, or those with weakened immune systems. No illnesses have been reported in connection with the products, the company said.
On Tuesday, the company announced a recall of all packages of Soy Deli tofu coded Dec. 17, 2007. This recall also included three products coded Sept. 23, 2007: the 30-ounce Soy Deli nigari tofu, the 12-ounce Soy Deli water packed tofu and the 16-ounce Quong Hop water packed tofu.
The recall was expanded to include the 30-ounce Soy Deli nigari tofu coded Oct, 17, 2007 and the 12-ounce Soy Deli water packed tofu coded Oct. 9, 2007.
The products were distributed throughout the Midwest and the West Coast in supermarkets and natural food stores. Healthy adults who are infected with listeria can experience symptoms including high fever, severe headache, nausea and diarrhea.
If you or a loved one has been made sick by a recalled product in Philadelphia or anywhere in Pennsylvania, please contact the product liability attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
Listeria is a microorganism that can cause serious or fatal infections in children, the elderly, or those with weakened immune systems. No illnesses have been reported in connection with the products, the company said.
On Tuesday, the company announced a recall of all packages of Soy Deli tofu coded Dec. 17, 2007. This recall also included three products coded Sept. 23, 2007: the 30-ounce Soy Deli nigari tofu, the 12-ounce Soy Deli water packed tofu and the 16-ounce Quong Hop water packed tofu.
The recall was expanded to include the 30-ounce Soy Deli nigari tofu coded Oct, 17, 2007 and the 12-ounce Soy Deli water packed tofu coded Oct. 9, 2007.
The products were distributed throughout the Midwest and the West Coast in supermarkets and natural food stores. Healthy adults who are infected with listeria can experience symptoms including high fever, severe headache, nausea and diarrhea.
If you or a loved one has been made sick by a recalled product in Philadelphia or anywhere in Pennsylvania, please contact the product liability attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 10:52 AM
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Tuesday, September 25, 2007
Man Loses Thumb and Liability Case
A Georgia federal judge recently ruled that the former owner of a metal fabrication machine did not breach any duty to maintain the equipment or any duty to warn the plaintiff of any danger associated with the machine and granted it summary judgment.
Neville Smith filed the products liability case in the DeKalb County Superior Court in March 2006 after being involved in a workplace accident in June 2004 while working as an operator of a Fabripunch machine manufactured by Peddinghause Corporation.
Smith claims that he was using his left hand to straighten a die when the stripper clamp unexpectedly came down and trapped his thumb. The accident resulted in amputation of his thumb. It was later determined that the stripper clamp malfunctioned because of an electrical short with one of the relays going to the stripper clamp.
In his complaint, Smith alleges strict liability and negligence for defective design against Peddinghaus; failure to warn against Peddinghaus, C&I Steel, and Steel; improper installation and/or modification against Steel; negligent maintenance against Steel and C&I Steel; and punitive damages against all of the defendants, who removed the case to the U.S. District Court for the Northern District of Georgia on April 25, 2006.
C&I Steel moved for summary judgment on April 12, 2007, arguing that it had no duty to Smith, it did not breach any duty to him and, even if it breached a duty to plaintiff, this breach was not the proximate cause of Smith’s injuries. The company also contended that because it has no liability to Smith, he cannot recover punitive damages.
Judge G. Ernest Tidwell determined that Smith failed to establish that C&I Steel breached any duty to maintain the equipment or any duty to warn him of any danger posed by the Fabripunch machine and granted the motion for summary judgment.
Neville Smith filed the products liability case in the DeKalb County Superior Court in March 2006 after being involved in a workplace accident in June 2004 while working as an operator of a Fabripunch machine manufactured by Peddinghause Corporation.
Smith claims that he was using his left hand to straighten a die when the stripper clamp unexpectedly came down and trapped his thumb. The accident resulted in amputation of his thumb. It was later determined that the stripper clamp malfunctioned because of an electrical short with one of the relays going to the stripper clamp.
In his complaint, Smith alleges strict liability and negligence for defective design against Peddinghaus; failure to warn against Peddinghaus, C&I Steel, and Steel; improper installation and/or modification against Steel; negligent maintenance against Steel and C&I Steel; and punitive damages against all of the defendants, who removed the case to the U.S. District Court for the Northern District of Georgia on April 25, 2006.
C&I Steel moved for summary judgment on April 12, 2007, arguing that it had no duty to Smith, it did not breach any duty to him and, even if it breached a duty to plaintiff, this breach was not the proximate cause of Smith’s injuries. The company also contended that because it has no liability to Smith, he cannot recover punitive damages.
Judge G. Ernest Tidwell determined that Smith failed to establish that C&I Steel breached any duty to maintain the equipment or any duty to warn him of any danger posed by the Fabripunch machine and granted the motion for summary judgment.
posted by Lynn at 9:19 AM
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Monday, September 24, 2007
New Helmets Being Tested to Protect Soldiers from TBI
The war in Iraq is bringing a well-documented but not very well-understood battlefield injury into the light: traumatic brain injury (TBI). In a continuing effort to learn more about this type of injury, the United States Army awarded Simbex (of New Hampshire) a million-dollar contract to develop sensor-studded helmets for combat soldiers. The helmets are currently being tested and could be deployed as early as December 2007.
Traumatic brain injury has been called the signature injury of this war, and its consequences are going to far outweigh those of Agent Orange during Vietnam, experts say. The most common cause of TBI in the war is improvised explosive devices (IEDs), which emit shock waves that travel approximately 1,000 feet per second, or close to the speed of sound. They also propel fragments of shrapnel that can hit a solder's helmet with enough force to knock him or her to the ground. These blasts can cause devastating wounds and death; they can also rattle the brain's soft tissue, causing invisible permanent damage.
If you or a loved one has suffered a traumatic brain injury in Philadelphia or anywhere in Pennsylvania, please contact an experienced personal injury lawyer at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
Traumatic brain injury has been called the signature injury of this war, and its consequences are going to far outweigh those of Agent Orange during Vietnam, experts say. The most common cause of TBI in the war is improvised explosive devices (IEDs), which emit shock waves that travel approximately 1,000 feet per second, or close to the speed of sound. They also propel fragments of shrapnel that can hit a solder's helmet with enough force to knock him or her to the ground. These blasts can cause devastating wounds and death; they can also rattle the brain's soft tissue, causing invisible permanent damage.
If you or a loved one has suffered a traumatic brain injury in Philadelphia or anywhere in Pennsylvania, please contact an experienced personal injury lawyer at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 11:22 AM
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Friday, September 21, 2007
Cribs Made in China Being Recalled Following Three Deaths
According to the U.S. Consumer Products Safety Commission (CPSC), approximately one million Simplicity brand cribs are being recalled after three infants died and seven others were trapped when the drop-side of cribs detached causing a very dangerous gap. These failures in the crib's drop side are due to hardware and design flaws that allow consumers to unintentionally install the drop side upside down. This installation could weaken the hardware and cause the drop side to detach from the crib. The gap created by the detachment could lead to entrapment and suffocation of infants.
Three children (ages 9 months, 6 months and 1 year) have died in cribs using the older-style hardware that had the drop side installed upside down. The 1-year-old was in a Simplicity crib with the newer-style hardware with the installation upside down, also. The CPSC has also been notified of seven other infant entrapments and a total of 55 incidents thus far involving the cribs. The cribs in these cases were made in China and sold in department stores, children's stores and mass merchandisers in the United States from January 1998 to May 2007.
As an immediate precaution, the CPSC urges that consumers with the Simplicity cribs check them carefully and make sure the drop-side is installed right side up and is securely attached to the tracks in all four corners.
If you or a loved one has been injured or killed by any defective product in Philadelphia or anywhere in Pennsylvania, please contact one of the Product Liability attorneys at Pomerantz Perlberger & Lewis today to schedule an initial consultation.
Three children (ages 9 months, 6 months and 1 year) have died in cribs using the older-style hardware that had the drop side installed upside down. The 1-year-old was in a Simplicity crib with the newer-style hardware with the installation upside down, also. The CPSC has also been notified of seven other infant entrapments and a total of 55 incidents thus far involving the cribs. The cribs in these cases were made in China and sold in department stores, children's stores and mass merchandisers in the United States from January 1998 to May 2007.
As an immediate precaution, the CPSC urges that consumers with the Simplicity cribs check them carefully and make sure the drop-side is installed right side up and is securely attached to the tracks in all four corners.
If you or a loved one has been injured or killed by any defective product in Philadelphia or anywhere in Pennsylvania, please contact one of the Product Liability attorneys at Pomerantz Perlberger & Lewis today to schedule an initial consultation.
posted by Lynn at 4:42 PM
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Katrina-related Deaths Being Argued in Courts
Just recently, the Louisiana State Supreme Court removed a potential hurdle to lawsuits alleging that hospitals lacked adequate evacuation plans before Hurricane Katrina, ruling that they should not be handled as medical malpractice claims. This ruling means that the case of Althea LaCoste, and possibly many more similar cases, won't need to detour through state review panels before trials can be scheduled. These reviews can take as long as a year. The ruling could also lead to more money for plaintiffs as the state has a $500,000 limit on malpractice awards but none in liability lawsuits.
LaCoste entered Methodist Hospital with her portable ventilator one day before Hurricane struck in 2005 and died before rescuers could reach the flooded building in eastern New Orleans. The hospital wanted the suit to go through malpractice proceedings, but the oversight board said the claims were not malpractice. Attorneys for both sides noted that the high court said the trial court will eventually decide whether the case is one of medical malpractice or negligence.
If you or a loved one has suffered or died due to medical malpractice in Philadelphia or anywhere in Philadelphia, please contact the Medical Malpractice Law Offices of Pomerantz Perlberger & Lewis today to schedule your initial consultation.
LaCoste entered Methodist Hospital with her portable ventilator one day before Hurricane struck in 2005 and died before rescuers could reach the flooded building in eastern New Orleans. The hospital wanted the suit to go through malpractice proceedings, but the oversight board said the claims were not malpractice. Attorneys for both sides noted that the high court said the trial court will eventually decide whether the case is one of medical malpractice or negligence.
If you or a loved one has suffered or died due to medical malpractice in Philadelphia or anywhere in Philadelphia, please contact the Medical Malpractice Law Offices of Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 9:25 AM
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Thursday, September 20, 2007
Chrysler Announces SUV Recall
On Friday, September 14, 2007, Chrysler confirmed that it was going to recall nearly 300,000 vehicles due to an error in the braking system. The affected models include 2006 and 2007 Grand Cherokees and Commanders, 2007 Jeep Wrangler SUV's and the 2007 Dodge Nitro SUVs.
An error in the electronic braking system can cause momentary braking delays on hills in rare instances. Owners of the affected vehicles should receive a letter from Chrysler within the next few weeks instructing them how to resolve the issue. But owners who experienced delayed braking should take their vehicles to dealers immediately.
If you or a loved one has suffered or died due to a defective product or automobile in Philadelphia or anywhere in Pennsylvania, please contact the Product Liability Attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
An error in the electronic braking system can cause momentary braking delays on hills in rare instances. Owners of the affected vehicles should receive a letter from Chrysler within the next few weeks instructing them how to resolve the issue. But owners who experienced delayed braking should take their vehicles to dealers immediately.
If you or a loved one has suffered or died due to a defective product or automobile in Philadelphia or anywhere in Pennsylvania, please contact the Product Liability Attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 10:27 AM
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Wednesday, September 19, 2007
Popular Shoes Getting Caught in Escalators
Reports have been popping up all over recently regarding incidents involving Crocs shoes being caught in escalators. One of the nation's largest subway systems, the Washington Metro, has posted ads warning riders about wearing those shoes on its escalators. Although the ads don't mention the name "Crocs," the ads do feature a picture of a crocodile.
A 4-year-old recently got his Croc-clad foot caught in an escalator at a mall in northern Virginia. His mother was able to yank him free, but the nail on his big toe was completely ripped off, causing heavy bleeding. At first, the boy's mother had not idea what caused his foot to get caught, but later, at the hospital, someone remarked about the boy's shoes, and it was then that she began to suspect the Crocs and did some research.
In several countries including the United States, Japan and Singapore, entrapments have occurred due to the shoes' flexibility and grip. Some people report the shoes getting caught in the teeth at the bottom and top of escalators or in the crack between the steps and the side of the escalator.
In Japan, the government has warned consumers that it has received 39 reports sandals getting stuck in escalators from late August through early September. Most of these incidents involved small children, some as young as two years old.
If you or a loved one has been injured or killed due to a defective or dangerous product in Philadelphia or anywhere in Pennsylvania, please contact the Product Liability Attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
A 4-year-old recently got his Croc-clad foot caught in an escalator at a mall in northern Virginia. His mother was able to yank him free, but the nail on his big toe was completely ripped off, causing heavy bleeding. At first, the boy's mother had not idea what caused his foot to get caught, but later, at the hospital, someone remarked about the boy's shoes, and it was then that she began to suspect the Crocs and did some research.
In several countries including the United States, Japan and Singapore, entrapments have occurred due to the shoes' flexibility and grip. Some people report the shoes getting caught in the teeth at the bottom and top of escalators or in the crack between the steps and the side of the escalator.
In Japan, the government has warned consumers that it has received 39 reports sandals getting stuck in escalators from late August through early September. Most of these incidents involved small children, some as young as two years old.
If you or a loved one has been injured or killed due to a defective or dangerous product in Philadelphia or anywhere in Pennsylvania, please contact the Product Liability Attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 9:31 AM
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Tuesday, September 18, 2007
Jet Crash in Thailand Leaves Most Passengers Dead
The flight data recorders of the jet that crashed and burned in Phuket, Thailand have been recovered and will hopefully give some indication of what went so terribly wrong on Sunday. The crash left 89 people dead and several with serious injuries. Only 40 of the 130 aboard survived the fiery crash.
The aircraft was a U.S.-made Boeing MD-82, and the National Transportation Safety Board will assist the Thai government in the investigation. The plane skidded off the rain-soaked wind-swept runway and smashed into a hillside in flames. As fire spread through the wreckage, those alive scrambled for the plane's exits.
At least four Americans were killed in the crash. Flights from Phuket International Airport were canceled following the crash. Phuket's airport is the second-busiest airport in Thailand.
If you or a loved one has been injured or killed in an accident in Philadelphia or anywhere in Pennsylvania, please contact the Personal Injury Attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
The aircraft was a U.S.-made Boeing MD-82, and the National Transportation Safety Board will assist the Thai government in the investigation. The plane skidded off the rain-soaked wind-swept runway and smashed into a hillside in flames. As fire spread through the wreckage, those alive scrambled for the plane's exits.
At least four Americans were killed in the crash. Flights from Phuket International Airport were canceled following the crash. Phuket's airport is the second-busiest airport in Thailand.
If you or a loved one has been injured or killed in an accident in Philadelphia or anywhere in Pennsylvania, please contact the Personal Injury Attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 9:33 AM
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Monday, September 17, 2007
Age Limits on Malpractice and Wrongful Death
According to Florida law, adult children over 25 years of age cannot file lawsuits for the wrongful death of their parent caused by medical malpractice. Only spouses and adult children under 25 can seek damages caused by medical malpractice. Even Florida trial attorneys are outraged by this law and have sought to fight it for years but to no avail.
In 2000, the Florida Supreme Court upheld the lower court’s decision; however, Justice Barbara Pariente claimed that the age restriction was unjustified and likened the decision to limiting the rights of survivors with blue eyes over brown. Pariente asked the legislature to reconsider the decision, but her request was ignored.
Trial attorneys have found one possible way to get around the law, but it’s not easy. In order to pursue a medical malpractice claim on behalf of adult children older than 25, the attorneys must first prove the conduct of the healthcare professional was so outrageous that “it goes beyond all bounds of decency.” There is only one case on record where the outrageous conduct argument was used successfully. That case involved siblings suing after their mother died during routine eye surgery and was eventually settled out of court.
How can the value of someone’s life be measured by the age of her children? How can a court tell a 26-year-old man that his father’s death due to medical malpractice is not legally worth fighting for?
If you or a loved one has suffered or died due to medical malpractice in Pennsylvania, please contact a Philadelphia medical malpractice attorney at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
In 2000, the Florida Supreme Court upheld the lower court’s decision; however, Justice Barbara Pariente claimed that the age restriction was unjustified and likened the decision to limiting the rights of survivors with blue eyes over brown. Pariente asked the legislature to reconsider the decision, but her request was ignored.
Trial attorneys have found one possible way to get around the law, but it’s not easy. In order to pursue a medical malpractice claim on behalf of adult children older than 25, the attorneys must first prove the conduct of the healthcare professional was so outrageous that “it goes beyond all bounds of decency.” There is only one case on record where the outrageous conduct argument was used successfully. That case involved siblings suing after their mother died during routine eye surgery and was eventually settled out of court.
How can the value of someone’s life be measured by the age of her children? How can a court tell a 26-year-old man that his father’s death due to medical malpractice is not legally worth fighting for?
If you or a loved one has suffered or died due to medical malpractice in Pennsylvania, please contact a Philadelphia medical malpractice attorney at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 9:29 AM
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Friday, September 14, 2007
Surgical Error Will Cause Lifelong Problems
A North Carolina hospital and physician have agreed to a settlement of a medical negligence claim with a value of $10,169,065.00. The claim arose from a heart catheterization of a three-month-old girl which was done to investigate a congenital heart defect.
During the baby’s heart catheterization procedure, an assistant in the operating room handed the cardiologist the wrong type of catheter. However, the cardiologist did not recognize that he had been given the wrong instrument and inserted it into the child's heart. The doctor inserted dye through the catheter in order to study the interior of the heart. Because the catheter that was used had only one hole at the tip (rather than multiple holes as it should have), the catheter cut a hole into the child's heart causing severe damage to the heart. During emergency surgery to repair the heart, the child went for an extended period of time without oxygen leading to permanent brain damage because of the lack of oxygen.
As a result of this medical negligence, the child has a static encephalopathy with multiple and profound neurodevelopmental impairments, including significant developmental delays, cortical vision impairments and motor impairments.
The child has mixed cerebral palsy with abnormal tone through her trunk and four extremities consistent with spastic cerebral palsy.
The child's condition is permanent. Unfortunately, while she is capable of recognizing people and is capable of some level of mental ability, her motor skills will not allow her body to do the things that her brain may want to do. The child will live a full life expectancy but will never be able to take care of her needs of daily living. She will require around the clock care throughout her life.
The present value of the settlement includes payments by the defendants for medical expenses, therapies, and time out of work by the child's mother (who is a nurse).
If you or a loved one has been the victim of medical malpractice in Philadelphia or anywhere in Pennsylvania, please contact a Philadelphia medical malpractice attorney at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
During the baby’s heart catheterization procedure, an assistant in the operating room handed the cardiologist the wrong type of catheter. However, the cardiologist did not recognize that he had been given the wrong instrument and inserted it into the child's heart. The doctor inserted dye through the catheter in order to study the interior of the heart. Because the catheter that was used had only one hole at the tip (rather than multiple holes as it should have), the catheter cut a hole into the child's heart causing severe damage to the heart. During emergency surgery to repair the heart, the child went for an extended period of time without oxygen leading to permanent brain damage because of the lack of oxygen.
As a result of this medical negligence, the child has a static encephalopathy with multiple and profound neurodevelopmental impairments, including significant developmental delays, cortical vision impairments and motor impairments.
The child has mixed cerebral palsy with abnormal tone through her trunk and four extremities consistent with spastic cerebral palsy.
The child's condition is permanent. Unfortunately, while she is capable of recognizing people and is capable of some level of mental ability, her motor skills will not allow her body to do the things that her brain may want to do. The child will live a full life expectancy but will never be able to take care of her needs of daily living. She will require around the clock care throughout her life.
The present value of the settlement includes payments by the defendants for medical expenses, therapies, and time out of work by the child's mother (who is a nurse).
If you or a loved one has been the victim of medical malpractice in Philadelphia or anywhere in Pennsylvania, please contact a Philadelphia medical malpractice attorney at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 10:02 AM
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Thursday, September 13, 2007
NFL Player’s Prognosis Takes Turn for the Better
It looks as though Buffalo Bills tight end may walk again following surgery at Buffalo’s Millard Fillmore Gates Hospital for a cervical spine injury he suffered in the NFL’s opening game against Denver on Sunday. The initial prognosis for Kevin Everett was much bleaker earlier in the week when doctors feared he would never walk again. Everett voluntarily moved his arms and legs on Tuesday when partially awakened, prompting a neurosurgeon to claim he would be able to walk again.
Everett sustained a life-threatening spinal cord injury in Sunday’s game after ducking his head while tackling a Denver Broncos player during the second-half kickoff during the Bills’ season opener. Everett quickly dropped face first to the ground after his helmet hit the Broncos player high on the left shoulder and side of the helmet.
Everett is still in intensive care at the Buffalo hospital.
Hospital officials said the key in the change in Everett’s condition was the quick action taken by the surgeon to run an ice-cold saline solution through Everett’s system that put him in a hypothermic state. Such action has been proven to significantly decrease the damage to the spinal cord due to swelling and movement. Doctors have cautioned, however, that his injuries do remain life-threatening because he is susceptible to blood clots, breathing failure, and infection.
If you or a loved one has suffered a spinal cord injury in Philadelphia or anywhere in Pennsylvania, please contact a Philadelphia personal injury attorney at Pomerantz Perlberger & Lewis today to schedule an initial consultation.
Everett sustained a life-threatening spinal cord injury in Sunday’s game after ducking his head while tackling a Denver Broncos player during the second-half kickoff during the Bills’ season opener. Everett quickly dropped face first to the ground after his helmet hit the Broncos player high on the left shoulder and side of the helmet.
Everett is still in intensive care at the Buffalo hospital.
Hospital officials said the key in the change in Everett’s condition was the quick action taken by the surgeon to run an ice-cold saline solution through Everett’s system that put him in a hypothermic state. Such action has been proven to significantly decrease the damage to the spinal cord due to swelling and movement. Doctors have cautioned, however, that his injuries do remain life-threatening because he is susceptible to blood clots, breathing failure, and infection.
If you or a loved one has suffered a spinal cord injury in Philadelphia or anywhere in Pennsylvania, please contact a Philadelphia personal injury attorney at Pomerantz Perlberger & Lewis today to schedule an initial consultation.
posted by Lynn at 10:30 AM
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Wednesday, September 12, 2007
Judge Orders Settlement Amounts Be Made Public
A Virginia judge has ruled that the company that made a heart medicine must disclose the amounts it paid in four wrongful death settlements. Judge Ann Hunter Simpson ruled that Central Admixture Pharmacy Services (CAPS) must make the settlement disclosure; the release of the information, however, has been delayed until the company's attorneys can decide on an appeal.
Bacteria was found in one of the medicines made by CAPS, cardioplegia, that is used during heart by-pass surgery. The family members of the four who died as a result of this medicine sought $5 million each in damages and blamed CAPS and Mary Washington Hospital for the deaths of their loved ones.
Both the families who sued and CAPS wanted the settlement amounts to be kept secret; the families states that disclosure would be upsetting and would expose them to unwanted attention. For obvious reasons involving future lawsuits, CAPS did not want the settlements disclosed, especially to newspapers. However, part of the judge's ruling stipulated that newspapers could publish the settlement amounts, and CAPS was required to file a court document that contained the terms and distribution of the settlements.
If a loved one has died due to the negligence or misconduct of someone else in Philadelphia or a surrounding area, please contact a Pennsylvania wrongful death lawyer at Pomerantz Perlberger & Lewis today to schedule an initial consultation.
Bacteria was found in one of the medicines made by CAPS, cardioplegia, that is used during heart by-pass surgery. The family members of the four who died as a result of this medicine sought $5 million each in damages and blamed CAPS and Mary Washington Hospital for the deaths of their loved ones.
Both the families who sued and CAPS wanted the settlement amounts to be kept secret; the families states that disclosure would be upsetting and would expose them to unwanted attention. For obvious reasons involving future lawsuits, CAPS did not want the settlements disclosed, especially to newspapers. However, part of the judge's ruling stipulated that newspapers could publish the settlement amounts, and CAPS was required to file a court document that contained the terms and distribution of the settlements.
If a loved one has died due to the negligence or misconduct of someone else in Philadelphia or a surrounding area, please contact a Pennsylvania wrongful death lawyer at Pomerantz Perlberger & Lewis today to schedule an initial consultation.
posted by Lynn at 9:44 AM
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Tuesday, September 11, 2007
Botched Catheterization Leads to Malpractice Suit
A Madison County, Illinois hospital, Saint Anthony's Health Center, and several of its doctors, are facing a ten-count medical malpractice suit after Joyce Cooper claims she suffered a stroke as a result of their negligence. The claim states that Cooper's family physician sent her to St. Anthony's emergency room where a cardiac catheterization was performed. Cooper claims that during the catheterization, doctors could not engage the left coronary artery despite several attempts. After Cooper awoke from the procedure, she began having vision problems and problems focusing; she was ultimately diagnosed with a stroke.
Cooper's claim alleges the defendants negligently performed the catheterization, failed to properly utilize the left coronary artery, failed to prevent a brain infarction, and performed the test when it was not necessary for her treatment. Cooper is seeking damages in excess of $500,000 plus costs and attorneys fees.
If you or a loved one has suffered or died due to medical malpractice in Pennsylvania, please contact a Philadelphia medical malpractice attorney at Pomerantz, Perlberger & Lewis today to schedule your initial consultation.
Cooper's claim alleges the defendants negligently performed the catheterization, failed to properly utilize the left coronary artery, failed to prevent a brain infarction, and performed the test when it was not necessary for her treatment. Cooper is seeking damages in excess of $500,000 plus costs and attorneys fees.
If you or a loved one has suffered or died due to medical malpractice in Pennsylvania, please contact a Philadelphia medical malpractice attorney at Pomerantz, Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 9:26 AM
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Monday, September 10, 2007
New Jersey Docs Trying to Avoid Jury Trials
Some New Jersey obstetricians and gynecologists have begun asking their patients to sign away their right to a jury trial in the event of medical malpractice. More than a dozen New Jersey obstetricians and gynecologists have joined Obstetricians & Gynecologists Risk Retention Group of America (OGRRGA), a new company based in Montana, that is reportedly reducing medical malpractice insurance premiums for its physician members by about 50 percent. The doctors in this group require their patients to sign agreements stating they will pursue any claims through binding arbitration only. Patients signing must also agree that pain-and-suffering awards will be capped at $250,000.
Dr. Ruth J. Schulze, a Ridgewood, New Jersey ob-gyn and spokesperson for OGRRGA, has been pushing for legislation to limit the size of malpractice awards for years, and in 2005, she even stopped delivering babies in order to reduce her malpractice insurance premiums.
Asking patients to sign away their rights to a jury trial has touched off quite a debate in the legal/medical arena. OGGRGA asserts that it is able to keep the insurance premiums lower for its physician members because of the binding arbitration requirement, but some wonder if a contract that calls for the signer to waive the right to a jury trial is enforceable at all. Some experts claim that these contracts are not enforceable and that patients who sign the agreement may not even fully understand what they are signing.
If the New Jersey physicians are successful in their efforts to avoid jury trials, expedite arbitration and lower insurance premiums, then it will not be long before other states follow suit.
If you or a loved one has suffered or died due to medical malpractice in Philadelphia or anywhere in Pennsylvania, please visit the website of or contact a Pennsylvania Medical Malpractice Attorney at Pomerantz Perlberger & Lewis.
Dr. Ruth J. Schulze, a Ridgewood, New Jersey ob-gyn and spokesperson for OGRRGA, has been pushing for legislation to limit the size of malpractice awards for years, and in 2005, she even stopped delivering babies in order to reduce her malpractice insurance premiums.
Asking patients to sign away their rights to a jury trial has touched off quite a debate in the legal/medical arena. OGGRGA asserts that it is able to keep the insurance premiums lower for its physician members because of the binding arbitration requirement, but some wonder if a contract that calls for the signer to waive the right to a jury trial is enforceable at all. Some experts claim that these contracts are not enforceable and that patients who sign the agreement may not even fully understand what they are signing.
If the New Jersey physicians are successful in their efforts to avoid jury trials, expedite arbitration and lower insurance premiums, then it will not be long before other states follow suit.
If you or a loved one has suffered or died due to medical malpractice in Philadelphia or anywhere in Pennsylvania, please visit the website of or contact a Pennsylvania Medical Malpractice Attorney at Pomerantz Perlberger & Lewis.
posted by Lynn at 9:18 AM
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Friday, September 7, 2007
Pro Wrestler’s Violence May be Attributed to Brain Injury
It has been discovered that the pro wrestler who killed his family and then himself earlier this year had suffered brain damage from his years in the wrestling ring, and those concussions can help explain why he killed his wife, son and himself. Analysis by doctors affiliated with the Sports Legacy Institute suggests that repeated concussions sustained by the wrestler could have contributed to the killings in the wrestler’s Atlanta home.
Since the murders, steroid use has lingered as a possible theory since anabolic steroids were found in the wrestler’s home. The Institute, which researches the long-term effects of concussions, coordinated the testing using samples of Chris Benoit’s brain tissue, which were provided by the Georgia Bureau of Investigation. A spokesman for the Institute said that although there is no definitive answer to the brain injuries’ role in the murders, the level of brain damage Benoit had can certainly cause depression and irrational behavior.
Benoit’s brain showed the same degenerative processes that doctors found in brains of three men who had played pro football and committed suicide. There were abnormal protein deposits caused by trauma to Benoit’s brain. At the present time, there is no evidence that the anabolic steroids Benoit was taking cause such protein deposits.
Unfortunately, concussions are common in professional wrestling even though many wrestling moves are staged.
If you or a loved one has suffered a traumatic brain injury in Philadelphia or anywhere in Pennsylvania, please contact a Pennsylvania Personal Injury Attorney at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
Since the murders, steroid use has lingered as a possible theory since anabolic steroids were found in the wrestler’s home. The Institute, which researches the long-term effects of concussions, coordinated the testing using samples of Chris Benoit’s brain tissue, which were provided by the Georgia Bureau of Investigation. A spokesman for the Institute said that although there is no definitive answer to the brain injuries’ role in the murders, the level of brain damage Benoit had can certainly cause depression and irrational behavior.
Benoit’s brain showed the same degenerative processes that doctors found in brains of three men who had played pro football and committed suicide. There were abnormal protein deposits caused by trauma to Benoit’s brain. At the present time, there is no evidence that the anabolic steroids Benoit was taking cause such protein deposits.
Unfortunately, concussions are common in professional wrestling even though many wrestling moves are staged.
If you or a loved one has suffered a traumatic brain injury in Philadelphia or anywhere in Pennsylvania, please contact a Pennsylvania Personal Injury Attorney at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 12:01 PM
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Thursday, September 6, 2007
Do Medical Malpractice Award Caps Really Lower Premiums?
A San Diego jury recently awarded $5.7 million to a man whose doctor failed to diagnose his skin cancer, but the amount will be reduced to $1.9 million because of California's medical malpractice award cap. Most states do not have medical malpractice caps, and the entire award would have been paid to the plaintiff in those states.
There is much debate over whether or not medical malpractice caps serve their intended purpose of lowering doctors' insurance premiums. In the last few years, rising insurance premiums on medical malpractice insurance have emerged as a crisis of sorts among the medical community, invading the practice of medicine, and threatening the availability of medical care. Some doctors in high risk specialties may receive insurance renewal notices announcing their premiums increased as much as 100 to 200% over the previous year. Other physicians are dropped from their insurance carriers causing them to practice medicine without medical malpractice insurance or to stop practicing altogether.
The insurance industry, has, in the past, placed the blame for these outrageous premiums on the huge monetary settlements that victims of medical malpractice are awarded in court. However, GE Medical Protective, the United States largest medical malpractice insurer admits that caps have done nothing to lower medical insurance premiums and will not do anything to lower them in the future. The consensus seems to be that the cap laws only serve to reward the doctors who committed the malpractice and their insurance companies because there is a limit in some states to what victims can win.
While the implementation of caps has certainly resulted in lower claim payouts for insurers in many states, the intended result of lowering doctors' insurance premiums has clearly not happened and will not be happening anytime soon.
If you or a loved one has suffered or died due to medical malpractice in Philadelphia or anywhere in Pennsylvania, please visit the website of a Pennsylvania Medical Malpractice Attorney at Pomerantz Perlberger & Lewis today.
There is much debate over whether or not medical malpractice caps serve their intended purpose of lowering doctors' insurance premiums. In the last few years, rising insurance premiums on medical malpractice insurance have emerged as a crisis of sorts among the medical community, invading the practice of medicine, and threatening the availability of medical care. Some doctors in high risk specialties may receive insurance renewal notices announcing their premiums increased as much as 100 to 200% over the previous year. Other physicians are dropped from their insurance carriers causing them to practice medicine without medical malpractice insurance or to stop practicing altogether.
The insurance industry, has, in the past, placed the blame for these outrageous premiums on the huge monetary settlements that victims of medical malpractice are awarded in court. However, GE Medical Protective, the United States largest medical malpractice insurer admits that caps have done nothing to lower medical insurance premiums and will not do anything to lower them in the future. The consensus seems to be that the cap laws only serve to reward the doctors who committed the malpractice and their insurance companies because there is a limit in some states to what victims can win.
While the implementation of caps has certainly resulted in lower claim payouts for insurers in many states, the intended result of lowering doctors' insurance premiums has clearly not happened and will not be happening anytime soon.
If you or a loved one has suffered or died due to medical malpractice in Philadelphia or anywhere in Pennsylvania, please visit the website of a Pennsylvania Medical Malpractice Attorney at Pomerantz Perlberger & Lewis today.
posted by Lynn at 9:32 AM
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Wednesday, September 5, 2007
Technology Being Developed to Detect Soldiers' Brain Injuries
Canadian military scientists are trying to develop a technology to detect possible brain injuries as more soldiers are being exposed to powerful blasts that can leave them with dangerous but hidden injuries. Researchers are looking at several methods that could be used on the battlefield to help determine what happens to soldiers who are near explosive devices when they detonate or when they suffer other forms of head trauma.
The problem now is that there is no way to know whether troops who are exposed to blasts but bear no visible injuries have suffered a mild form of brain trauma even if they are a good distance from the explosion. New technology would be very useful because medical professionals would be able to diagnose a non-visible injury. Currently, brain injuries are often undiagnosed and under-diagnosed.
The United States recently dedicated $450 million for research into treatment of brain injuries in the wake of studies that show roughly 40% of combat soldiers in Iraq have suffered some form of head injury.
A bomb's acceleration force can stretch the brain's nerve fibers, but that stretching may not manifest itself until days or weeks later in the form of confusion, anxiety, behavioral changes and hearing loss.
If you or a loved one has suffered a traumatic brain injury, please contact an experienced Pennsylvania personal injury attorney at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
The problem now is that there is no way to know whether troops who are exposed to blasts but bear no visible injuries have suffered a mild form of brain trauma even if they are a good distance from the explosion. New technology would be very useful because medical professionals would be able to diagnose a non-visible injury. Currently, brain injuries are often undiagnosed and under-diagnosed.
The United States recently dedicated $450 million for research into treatment of brain injuries in the wake of studies that show roughly 40% of combat soldiers in Iraq have suffered some form of head injury.
A bomb's acceleration force can stretch the brain's nerve fibers, but that stretching may not manifest itself until days or weeks later in the form of confusion, anxiety, behavioral changes and hearing loss.
If you or a loved one has suffered a traumatic brain injury, please contact an experienced Pennsylvania personal injury attorney at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 11:49 AM
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