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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.
Thursday, January 31, 2008
Woman Suing City for Car Accident Injuries
A woman who was severely injured in a traffic accident when an 18-year-old girl drove the wrong way on Interstate 540 sued Bentonville, Texas on Friday, saying the city did not do enough to keep the teen off the roads.
Thersia Ann Herron, 57, is permanently disabled and has incurred $250,000 in expenses from the July accident, according to the suit filed in Benton County Circuit Court by Fayetteville attorney Derrick Davidson.
Jordan L. Miller, 18, of 103 Somerset Drive in Bentonville, faces charges of driving while intoxicated, reckless driving and driving under the influence of inhaled intoxicating compounds, the suit states. She is to appear in Bentonville District Court in February.
The outrage and negligence suit claims the city and Bentonville District Court should have known that failing to revoke Miller's license for previous violations would result in Miller injuring other motorists.
Police reports state Miller drove southbound in the northbound lane of I-540 near Exit 88 about 6 a.m. on July 21. Two Bentonville police units were attempting to stop her when she hit Herron's vehicle.
Miller told Arkansas State Police investigators she drank vodka, then purchased dust cleaner at Wal-Mart and inhaled it before driving. She didn't remember officers trying to stop her, and she did not remember the crash; she was not injured in the collision.
Herron's injuries included a ruptured spleen, a lacerated liver and shattered bones in her arm, femur and pelvis. She has a head injury, can no longer work, and has no medical insurance, the suit states.
The suit states Miller was ticketed in June for public intoxication and careless or prohibited driving, and convicted during the 18 months previous for reckless driving and twice for hazardous driving.
Charges against Miller, who the suit claims now is a student at Purdue University in West Lafayette, Ind., are being pursued by the Benton County Prosecutor's Office.
If you or a loved one has been injured or killed in a car accident in Philadelphia or anywhere in Pennsylvania, please contact Pomerantz Perlberger & Lewis today to schedule your initial consultation
Thersia Ann Herron, 57, is permanently disabled and has incurred $250,000 in expenses from the July accident, according to the suit filed in Benton County Circuit Court by Fayetteville attorney Derrick Davidson.
Jordan L. Miller, 18, of 103 Somerset Drive in Bentonville, faces charges of driving while intoxicated, reckless driving and driving under the influence of inhaled intoxicating compounds, the suit states. She is to appear in Bentonville District Court in February.
The outrage and negligence suit claims the city and Bentonville District Court should have known that failing to revoke Miller's license for previous violations would result in Miller injuring other motorists.
Police reports state Miller drove southbound in the northbound lane of I-540 near Exit 88 about 6 a.m. on July 21. Two Bentonville police units were attempting to stop her when she hit Herron's vehicle.
Miller told Arkansas State Police investigators she drank vodka, then purchased dust cleaner at Wal-Mart and inhaled it before driving. She didn't remember officers trying to stop her, and she did not remember the crash; she was not injured in the collision.
Herron's injuries included a ruptured spleen, a lacerated liver and shattered bones in her arm, femur and pelvis. She has a head injury, can no longer work, and has no medical insurance, the suit states.
The suit states Miller was ticketed in June for public intoxication and careless or prohibited driving, and convicted during the 18 months previous for reckless driving and twice for hazardous driving.
Charges against Miller, who the suit claims now is a student at Purdue University in West Lafayette, Ind., are being pursued by the Benton County Prosecutor's Office.
If you or a loved one has been injured or killed in a car accident in Philadelphia or anywhere in Pennsylvania, please contact Pomerantz Perlberger & Lewis today to schedule your initial consultation
posted by Lynn at 8:43 AM
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Wednesday, January 30, 2008
Kentucky Officials Sue Maker of OxyContin
Kentucky officials have announced they are suing the manufacturer of OxyContin, the prescription painkiller dubbed "hillbilly heroin" because of its widespread abuse in Appalachia. The suit demands millions in compensation from drug manufacturer Purdue Pharmaceuticals.
The lawsuit seeks reimbursement for costs incurred in drug abuse programs, law enforcement and prescription payments through Medicaid and the Kentucky Pharmaceutical Assistance program. Purdue states OxyContin's packaging warns against the dangers of abusing the drug and that they should not be held responsible for people who abuse the drug. The suit seeks unspecified damages and the creation of a court-monitored fund financed by Purdue that would pay for a program that would notify users of the potential harms of the drug and spur research on the effects of the drug.
OxyContin is the brand name for oxycodone and has been blamed for hundreds of deaths in the United States in recent years. Its intended slow-release effect can be easily circumvented, and abuse has been especially high in states such Kentucky, Virginia and West Virginia. Kentucky decided to file the lawsuit after Purdue and three of its current and former executives pleaded guilty this year to misleading the public about the drug's risk of addiction.
If you or a loved one suffered due to a dangerous product in Philadelphia or anywhere in Pennsylvania, please contact the experienced product liability attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
The lawsuit seeks reimbursement for costs incurred in drug abuse programs, law enforcement and prescription payments through Medicaid and the Kentucky Pharmaceutical Assistance program. Purdue states OxyContin's packaging warns against the dangers of abusing the drug and that they should not be held responsible for people who abuse the drug. The suit seeks unspecified damages and the creation of a court-monitored fund financed by Purdue that would pay for a program that would notify users of the potential harms of the drug and spur research on the effects of the drug.
OxyContin is the brand name for oxycodone and has been blamed for hundreds of deaths in the United States in recent years. Its intended slow-release effect can be easily circumvented, and abuse has been especially high in states such Kentucky, Virginia and West Virginia. Kentucky decided to file the lawsuit after Purdue and three of its current and former executives pleaded guilty this year to misleading the public about the drug's risk of addiction.
If you or a loved one suffered due to a dangerous product in Philadelphia or anywhere in Pennsylvania, please contact the experienced product liability attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 8:50 AM
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Tuesday, January 29, 2008
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 9:26 AM
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Monday, January 28, 2008
Hair Dye Allegedly Caused Severe Burn and Rash
A United Kingdom teenager, Crystal Atkinson, is suing a hair dye maker because she claims the product burned and scarred her, caused her ear to swell up, and caused severe pain preventing her from caring for her baby. The 19-year-old claims to have suffered the burns and painful rash after a hairdresser applied L’Oreal’s Garnier Nutriesse chestnut brown hair dye to her hair.
The allergic reaction appeared days after the dye was applied and left Ms. Atkinson “writhing in agony as a painful rash spread across her body and burns appeared on her face, neck and scalp.” The girl also claims to have conducted a skin allergy test 48 hours prior and said she suffered no ill effects.
If you or a loved one has been injured by a defective product in Pennsylvania, please contact the products liability attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
The allergic reaction appeared days after the dye was applied and left Ms. Atkinson “writhing in agony as a painful rash spread across her body and burns appeared on her face, neck and scalp.” The girl also claims to have conducted a skin allergy test 48 hours prior and said she suffered no ill effects.
If you or a loved one has been injured by a defective product in Pennsylvania, please contact the products liability attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 9:28 AM
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Friday, January 25, 2008
Man Paralyzed in Crash Awarded $16 Million
A Boston man, who lost the use of his arms and legs after being hit by a car while he was crossing a street two years ago, has been awarded over $16 million. The verdict was one of the largest awards by a jury for a personal injury case in Massachusetts this year and was more than double the largest amount awarded by a jury last year for a personal injury case. The victim of the car accident, William Dodge, 42, was a former executive chef and manager for a Boston law firm.
During the 8-day trial, lawyers for Dodge argued that Arda Tezel was speeding when he hit Dodge, who was crossing a crosswalk in April 2005. Dodge's injuries included a fractured spine, which left him a quadriplegic; following the crash, Dodge spent three weeks at Brigham and Women's Hospital and was in rehabilitation all of the following year.
Police officials have filed a criminal complaint against Tezel for speeding and driving to endanger, and a warrant for his arrest has been issued because he has not appeared in court.
According to his lawyers, Dodge now requires assistance to do just about everything in his life, and his medical expenses, so far, are more than three-quarters of a million dollars.
If you or a loved one has been injured in an auto accident in Philadelphia or anywhere in Pennsylvania, please visit the website of Philadelphia Car Accident Lawyer Pomerantz, Perlberger & Lewis LLP.
During the 8-day trial, lawyers for Dodge argued that Arda Tezel was speeding when he hit Dodge, who was crossing a crosswalk in April 2005. Dodge's injuries included a fractured spine, which left him a quadriplegic; following the crash, Dodge spent three weeks at Brigham and Women's Hospital and was in rehabilitation all of the following year.
Police officials have filed a criminal complaint against Tezel for speeding and driving to endanger, and a warrant for his arrest has been issued because he has not appeared in court.
According to his lawyers, Dodge now requires assistance to do just about everything in his life, and his medical expenses, so far, are more than three-quarters of a million dollars.
If you or a loved one has been injured in an auto accident in Philadelphia or anywhere in Pennsylvania, please visit the website of Philadelphia Car Accident Lawyer Pomerantz, Perlberger & Lewis LLP.
posted by Lynn at 9:03 AM
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Thursday, January 24, 2008
Appeals Court Rules Unborn Child Can Sue for Negligence
A child conceived but not yet born at the time of a negligent act can later sue over the negligence, a Wisconsin state appeals court has ruled. When a county judge dismissed a medical malpractice lawsuit brought on behalf of a 2-year-old boy whose father died from colon cancer, his decision was erroneous according to the District 2 Court of Appeals.
Judge Michael Gibbs wrongly concluded that Joseph Brusa, Jr. could not sue because he wasn't born until 18 months after Joseph Sr.'s cancer was misdiagnosed by Dr. Robert Fasano as "probable diverticulitis." Dr. Fasano recommended a follow up colonoscopy that revealed a tumor. The lawsuit filed on behalf of Joseph Jr. claims Dr. Fasano was negligent because he did not immediately diagnose Brusa's colon cancer. Joseph Sr. died four months after his son was born.
The appeals court ruled that a child conceived but not yet born at the time of the negligent act can later sue for loss of companionship due to medical malpractice.
If you or a loved one has been injured or died as a result of medical malpractice in Pennsylvania, please contact the medical malpractice attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
Judge Michael Gibbs wrongly concluded that Joseph Brusa, Jr. could not sue because he wasn't born until 18 months after Joseph Sr.'s cancer was misdiagnosed by Dr. Robert Fasano as "probable diverticulitis." Dr. Fasano recommended a follow up colonoscopy that revealed a tumor. The lawsuit filed on behalf of Joseph Jr. claims Dr. Fasano was negligent because he did not immediately diagnose Brusa's colon cancer. Joseph Sr. died four months after his son was born.
The appeals court ruled that a child conceived but not yet born at the time of the negligent act can later sue for loss of companionship due to medical malpractice.
If you or a loved one has been injured or died as a result of medical malpractice in Pennsylvania, please contact the medical malpractice attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 8:59 AM
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Wednesday, January 23, 2008
Plane Crash Survivors Will NOT Receive Compensation
In Kentucky, a federal judge has ruled that family members of the 49 people killed in a Comair plane crash cannot collect monetary damages for the loss of companionship.
U.S. District Judge Karl Forester this week dismissed several claims filed by some of the estates of the victims of the August 2006 crash. He cited a controversial Kentucky law that stipulates family members are not entitled to compensation for the loss of a spouse, adult child or parent of an adult child. They can still sue for loss of enjoyment of life and pain and suffering.
If a loved one of yours has suffered a wrongful death in the state of Pennsylvania, you may be entitled to compensation. Only an experienced wrongful death attorney such as Pomerantz Perlberger & Lewis can advise you of your legal rights. Please contact our office today to schedule your initial consultaton.
U.S. District Judge Karl Forester this week dismissed several claims filed by some of the estates of the victims of the August 2006 crash. He cited a controversial Kentucky law that stipulates family members are not entitled to compensation for the loss of a spouse, adult child or parent of an adult child. They can still sue for loss of enjoyment of life and pain and suffering.
If a loved one of yours has suffered a wrongful death in the state of Pennsylvania, you may be entitled to compensation. Only an experienced wrongful death attorney such as Pomerantz Perlberger & Lewis can advise you of your legal rights. Please contact our office today to schedule your initial consultaton.
posted by Lynn at 8:57 AM
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Tuesday, January 22, 2008
Sister-In-Law Sues for Wrongful Death of Mutilated Sister
The sister of a suburban Detroit businesswoman whose torso was found in her garage last month has filed a $50 million wrongful death lawsuit against Stephen Grant, the suspect in his wife's killing.
Alicia Standerfer, the sister of Tara Lynn Grant, seeks to revoke Stephen Grant's claims to the couple's home, two life insurance policies naming him as his wife's beneficiary and a 401(k) plan, among other assets. Standerfer, of Chillicothe, Ohio, was named Monday as personal representative of her sister's estate and conservator for her two children, ages 4 and 6.
“He left his two children without a mother or their home or any real sense of normalcy," Standerfer told The Macomb Daily for a story published Thursday.
Grant, 37, is in jail awaiting a May 15 preliminary hearing on charges of murder and mutilation of a corpse. He is accused of killing his 34-year-old wife on Feb. 9 and later dismembering her body, parts of which were found in a park near their home.
Tara Grant's torso was found March 2. Stephen Grant was captured two days later in a state park at the northern tip of Michigan's Lower Peninsula.
The civil suit, filed in Macomb County Circuit Court, also seeks compensation for funeral, burial and other costs incurred by Tara Grant's family.
If you feel your loved one has suffered a wrongful death in Philadelphia or anywhere in Pennsylvania, please contact the wrongful death attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
Alicia Standerfer, the sister of Tara Lynn Grant, seeks to revoke Stephen Grant's claims to the couple's home, two life insurance policies naming him as his wife's beneficiary and a 401(k) plan, among other assets. Standerfer, of Chillicothe, Ohio, was named Monday as personal representative of her sister's estate and conservator for her two children, ages 4 and 6.
“He left his two children without a mother or their home or any real sense of normalcy," Standerfer told The Macomb Daily for a story published Thursday.
Grant, 37, is in jail awaiting a May 15 preliminary hearing on charges of murder and mutilation of a corpse. He is accused of killing his 34-year-old wife on Feb. 9 and later dismembering her body, parts of which were found in a park near their home.
Tara Grant's torso was found March 2. Stephen Grant was captured two days later in a state park at the northern tip of Michigan's Lower Peninsula.
The civil suit, filed in Macomb County Circuit Court, also seeks compensation for funeral, burial and other costs incurred by Tara Grant's family.
If you feel your loved one has suffered a wrongful death in Philadelphia or anywhere in Pennsylvania, please contact the wrongful death attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 8:58 AM
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Monday, January 21, 2008
Dennis Quaid Feels “Betrayed” by Hospital Staff Statements
Actor Dennis Quaid, whose children were recently involved in a medical malpractice scare after being given way too much Heparin in Cedars-Sinai Hospital, has recently announced that he feels hospital staff misled him while his newborn twins were being treated. The staff told Quaid and his wife, Kimberly, that the children were “fine” even as staff members scrambled to reverse an overdose of the blood-thinning drug.
Just two hours before a phone call in which Quaid was told everything was ok, nurses had noticed his daughter was oozing blood from an i.v. site on her arm and a spot on her heel.
Quaid and his wife feel betrayed because their children could have been dying while this was going on.
If you or a loved one has been harmed or killed due to medical malpractice in Philadelphia, please contact the medical malpractice attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
Just two hours before a phone call in which Quaid was told everything was ok, nurses had noticed his daughter was oozing blood from an i.v. site on her arm and a spot on her heel.
Quaid and his wife feel betrayed because their children could have been dying while this was going on.
If you or a loved one has been harmed or killed due to medical malpractice in Philadelphia, please contact the medical malpractice attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 8:39 AM
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Friday, January 18, 2008
Two Off-Duty Officers Involved in California Collision
A three-vehicle crash January 11, 2008 on a busy California roadway is noteworthy in that it involved two off-duty sheriff's deputies. Also, the crash could involve liability issues that may require the services of a personal injury lawyer.
The crash occurred around 8:10 a.m., when a Saturn 4-door sedan driven by an off-duty San Francisco sheriff's deputy collided with a 1999 Honda CRV driven by an off-duty Contra Costa sheriff's deputy. The driver of the Saturn, a 45-year-old Oakley resident, was killed. The Contra Costa deputy was taken to John Muir Medical Center in Walnut Creek with minor to moderate injuries.
A third vehicle in the crash, a pick-up truck driven by a 52-year-old man from Antioch, was also struck by the deceased deputy's Saturn. The driver of the truck was taken to hospital with minor injuries.
The Saturn was traveling eastbound on the busy highway in the midst of the morning commute. While published reports do not specify whether or not the accident was the result of a head-on collision, it is assumed that all three vehicles involved in the collision were traveling in the three, north-facing lanes of Highway 4 eastbound.
If you or a loved one has been injured or killed in a vehicle accident in Pennsylvania, please contact the experienced car accident attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
The crash occurred around 8:10 a.m., when a Saturn 4-door sedan driven by an off-duty San Francisco sheriff's deputy collided with a 1999 Honda CRV driven by an off-duty Contra Costa sheriff's deputy. The driver of the Saturn, a 45-year-old Oakley resident, was killed. The Contra Costa deputy was taken to John Muir Medical Center in Walnut Creek with minor to moderate injuries.
A third vehicle in the crash, a pick-up truck driven by a 52-year-old man from Antioch, was also struck by the deceased deputy's Saturn. The driver of the truck was taken to hospital with minor injuries.
The Saturn was traveling eastbound on the busy highway in the midst of the morning commute. While published reports do not specify whether or not the accident was the result of a head-on collision, it is assumed that all three vehicles involved in the collision were traveling in the three, north-facing lanes of Highway 4 eastbound.
If you or a loved one has been injured or killed in a vehicle accident in Pennsylvania, please contact the experienced car accident attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 8:53 AM
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Thursday, January 17, 2008
Company That Made Tainted Dog Food Agrees to Settle
A company that made contaminated pet food that killed dozens of dogs nationwide will pay $3.1 million in a settlement with pet owners according to an announcement made Friday, January 11, 2008.
The pet food, which contained a mold called aflatoxin, was produced at Diamond Pet Foods' plant in South Carolina. The company will set up a fund to reimburse pet owners for the loss of their dog, veterinarian bills, and the cost of any unreturned contaminated food, said attorney Jim Andrews, who represented a Knoxville, Tenn., family that sued the company.
Diamond Pet Foods, based in Meta, Missouri, acknowledged that workers at its Gaston, S.C., plant failed to follow internal testing procedures to ensure its products were safe. The company made the acknowledgment after the Food and Drug Administration released a report showing the company has no record of test results for 12 shipments of corn in 2005, when grain tainted with the deadly fungus slipped into the plant.
Aflatoxin, a naturally occurring chemical that comes from a fungus sometimes found on corn and in other crops, can cause severe liver damage.
The contaminated pet food was sold in 23 states. Diamond recalled about 20 varieties of dog and cat food when a New York veterinarian said in December 2005 she had linked a dog's death to the company's food. An estimated 350,000 bags of dog food were recalled, according to the settlement.
If you or a loved one has suffered or died due to a defective product in Philadelphia or anywhere in Pennsylvania, please contact the product liability attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
The pet food, which contained a mold called aflatoxin, was produced at Diamond Pet Foods' plant in South Carolina. The company will set up a fund to reimburse pet owners for the loss of their dog, veterinarian bills, and the cost of any unreturned contaminated food, said attorney Jim Andrews, who represented a Knoxville, Tenn., family that sued the company.
Diamond Pet Foods, based in Meta, Missouri, acknowledged that workers at its Gaston, S.C., plant failed to follow internal testing procedures to ensure its products were safe. The company made the acknowledgment after the Food and Drug Administration released a report showing the company has no record of test results for 12 shipments of corn in 2005, when grain tainted with the deadly fungus slipped into the plant.
Aflatoxin, a naturally occurring chemical that comes from a fungus sometimes found on corn and in other crops, can cause severe liver damage.
The contaminated pet food was sold in 23 states. Diamond recalled about 20 varieties of dog and cat food when a New York veterinarian said in December 2005 she had linked a dog's death to the company's food. An estimated 350,000 bags of dog food were recalled, according to the settlement.
If you or a loved one has suffered or died due to a defective 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 8:45 AM
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Wednesday, January 16, 2008
Large Chains Deal with Premises Liability Suits
An ATM that was not properly secured fell on a customer's foot in a CVS store recently. The suit claims the ATM became unsecured and came to rest on the customer's foot and that CVS failed to properly operate, manage and control the machine. Allegedly, screws were missing from the ATM. The plaintiff in this case is seeking over $50,000 in damages for the injuries he sustained.
In a separate premises liability suit also filed in the circuit court, a woman alleges that a Wal-Mart store negligently placed a cart near a plant display, leading to her fall. The woman is suing Wal-Mart for damages totaling more than $30,000. The suit specifically alleges that Wal-Mart failed to keep its aisles clear of anything that could cause a fall. The plaintiff claims the cart was in an unsafe area near a table of plants.
Premises Liability Law deals with the body of law that makes the person in possession of land responsible for injuries suffered by persons present on the premises. These cases are sometimes referred to as "slip and fall" cases and often require the advice of a lawyer.
If you or a loved one has suffered an injury due to a slip and fall or some other accident on someone else's property in Philadelphia or anywhere in Pennsylvania, please visit the website of Pomerantz Perlberger & Lewis today for your initial consultation.
In a separate premises liability suit also filed in the circuit court, a woman alleges that a Wal-Mart store negligently placed a cart near a plant display, leading to her fall. The woman is suing Wal-Mart for damages totaling more than $30,000. The suit specifically alleges that Wal-Mart failed to keep its aisles clear of anything that could cause a fall. The plaintiff claims the cart was in an unsafe area near a table of plants.
Premises Liability Law deals with the body of law that makes the person in possession of land responsible for injuries suffered by persons present on the premises. These cases are sometimes referred to as "slip and fall" cases and often require the advice of a lawyer.
If you or a loved one has suffered an injury due to a slip and fall or some other accident on someone else's property in Philadelphia or anywhere in Pennsylvania, please visit the website of Pomerantz Perlberger & Lewis today for your initial consultation.
posted by Lynn at 8:42 AM
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Tuesday, January 15, 2008
Policeman Killed When Teens Crash Into His Car
Kentucky State Police have charged two young people with murder after a sheriff’s deputy was killed when his car was rammed near the border of Kentucky, Virginia and Tennessee. The deputy, Sean Pursifull, was 31 years old. He and his K-9 dog, King, died when the cruiser was struck by the teenagers’ car.
State police said two state troopers had attempted to stop the speeding driver on the winding highway through the mostly rural Appalachian coal-mining region of the state. The 17-year-old driver veered over the center line of U.S. 119 and rammed into a Bell County Sheriff’s parked car that was parked beside the roadway.
The driver and his 16-year-old passenger were not hurt. In addition to the murder charge, they were both charged with assault on a service animal.
If you or a loved one has been injured or killed in an automobile accident in Philadelphia or anywhere in Pennsylvania, please contact the experienced car accident attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
State police said two state troopers had attempted to stop the speeding driver on the winding highway through the mostly rural Appalachian coal-mining region of the state. The 17-year-old driver veered over the center line of U.S. 119 and rammed into a Bell County Sheriff’s parked car that was parked beside the roadway.
The driver and his 16-year-old passenger were not hurt. In addition to the murder charge, they were both charged with assault on a service animal.
If you or a loved one has been injured or killed in an automobile accident in Philadelphia or anywhere in Pennsylvania, please contact the experienced car accident attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 8:58 AM
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Monday, January 14, 2008
New Mexico Truck Accident Causes Big Mess
In Santa Cruz, New Mexico an effort to move a storage container behind the police station went badly awry when the truck rolled down a steep incline near the main entrance to a college campus.
The truck turned and came to rest before reaching Coolidge Drive. There was no driver in the truck when the accident occurred about 10 a.m., police said.
No one was injured in the accident, which drew considerable attention from nearby drivers and pedestrians.
Drip pans were set up quickly at the site to avoid seepage of chemicals, such as transmission fluid, into the soil before the vehicle was towed away.
On its way downhill, the truck struck and destroyed one of the small historic buildings dating to the time before UCSC's arrival, when the land was part of the Cowell Ranch.
If you or a loved one has been injured or killed in a truck accident in Philadelphia, please contact the truck accident attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
The truck turned and came to rest before reaching Coolidge Drive. There was no driver in the truck when the accident occurred about 10 a.m., police said.
No one was injured in the accident, which drew considerable attention from nearby drivers and pedestrians.
Drip pans were set up quickly at the site to avoid seepage of chemicals, such as transmission fluid, into the soil before the vehicle was towed away.
On its way downhill, the truck struck and destroyed one of the small historic buildings dating to the time before UCSC's arrival, when the land was part of the Cowell Ranch.
If you or a loved one has been injured or killed in a truck accident in Philadelphia, please contact the truck accident attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 9:00 AM
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Friday, January 11, 2008
Nurse Dies Following Epidural Injection in Arm
A nurse died two hours after giving birth when hospital workers accidentally connected an epidural anesthesia to her arm, instead of injecting it into her spine, an inquest into her death was told this week.
Mayra Cabrera, 30, moved to the U.K. from the Philippines in 2002, to begin work as a nurse at the Great Western Hospital in Swindon, according to a report from thisislondon.co.uk.
When she went into labor on May 11, 2004 something went wrong. Shortly, after giving birth to baby Zac, Cabrera suffered a seizure and later died as the result of a heart attack.
An autopsy revealed she had died from a toxic dose of the epidural anesthesia. The coroner said experts found two other women had died in UK hospitals in the last decade as a result of the same mistake.
If you or someone you love has died due to medical malpractice in Philadelphia, please contact the experienced medical malpractice attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
Mayra Cabrera, 30, moved to the U.K. from the Philippines in 2002, to begin work as a nurse at the Great Western Hospital in Swindon, according to a report from thisislondon.co.uk.
When she went into labor on May 11, 2004 something went wrong. Shortly, after giving birth to baby Zac, Cabrera suffered a seizure and later died as the result of a heart attack.
An autopsy revealed she had died from a toxic dose of the epidural anesthesia. The coroner said experts found two other women had died in UK hospitals in the last decade as a result of the same mistake.
If you or someone you love has died due to medical malpractice in Philadelphia, please contact the experienced medical malpractice attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 8:48 AM
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Thursday, January 10, 2008
Juries Tend to Favor Doctors in Malpractice Cases
After analyzing three decades of research, a law professor at the University of Missouri at Columbia has concluded that juries in medical malpractice cases tend to sympathize with the doctors being sued rather than the patients suing them. For years, President Bush's administration has pushed to reform the current tort system, citing an epidemic of frivolous malpractice cases and jury verdicts that force doctors out of practice due to huge monetary awards to the patients that contribute to astronomical malpractice insurance premiums.
The study reveals that juries treat physicians favorably, perhaps unfairly so. The author of the study, Philip Peters, found that doctors win about half of the cases that independent experts who review them believe should result in a victory for the plaintiff (the patient). Injured patients only win about 27% of all cases that go to trial; this is the lowest percentage of any category of tort litigation.
Some possible reasons noted for the number of rulings in favor of the physicians are the defendants' superior social standing and economic resources and the jurors' inclination to give the physician the benefit of the doubt when the evidence is complicated and difficult to understand.
One proposed solution is to have malpractice cases heard in specialized health courts, where malpractice plaintiffs fare better in front of judges than in front of juries. Currently, there is legislation pending in Congress to transfer medical negligence to administrative health courts.
If you or a loved one has suffered or died due to medical malpractice or negligence in Pennsylvania, please visit the website of experienced Medical Malpractice Attorneys Pomerantz Perlberg & Lewis LLP.
The study reveals that juries treat physicians favorably, perhaps unfairly so. The author of the study, Philip Peters, found that doctors win about half of the cases that independent experts who review them believe should result in a victory for the plaintiff (the patient). Injured patients only win about 27% of all cases that go to trial; this is the lowest percentage of any category of tort litigation.
Some possible reasons noted for the number of rulings in favor of the physicians are the defendants' superior social standing and economic resources and the jurors' inclination to give the physician the benefit of the doubt when the evidence is complicated and difficult to understand.
One proposed solution is to have malpractice cases heard in specialized health courts, where malpractice plaintiffs fare better in front of judges than in front of juries. Currently, there is legislation pending in Congress to transfer medical negligence to administrative health courts.
If you or a loved one has suffered or died due to medical malpractice or negligence in Pennsylvania, please visit the website of experienced Medical Malpractice Attorneys Pomerantz Perlberg & Lewis LLP.
posted by Lynn at 9:10 AM
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Wednesday, January 9, 2008
Army Helmets to Monitor Brain Injury
The United States Army is sending soldiers to Afghanistan with high-tech helmets to gather data on the effect of bomb blasts on their brains.
The Army's Program Executive Office (PEO) Soldier has outfitted the helmets of soldiers from the 101st Airborne Division with sensors to gauge the violent shaking that occurs when improvised explosive devices, or IEDs, explode near them, said Brig. Gen. Mark Brown, who leads the office. "It's basically a computer chip in a helmet," Brown said.
So far, 1,145 soldiers have received helmet sensors, according to Debi Dawson, a spokeswoman for PEO Soldier, the office charged with developing and fielding equipment needed for combat. The soldiers are scheduled to deploy to Afghanistan in the spring.
The device is to be checked monthly and can record 527 events, ranging from being dropped to being blasted by a bomb. The sensor weighs 6 ounces, runs on a battery that can last six months and fits on the back of the helmet.
To better measure the causes and effects of traumatic brain injury, the Army is working to establish data on what happens to a soldier's head during an IED blast. The sensor will measure the violent pulse of air after an explosion. Energy from this wave courses through the body, damaging brain cells and other organs.
The helmet device also will measure acceleration, the jolt soldiers get from the explosion. The jolt is one of the primary causes of death from an IED because it can snap the neck. The data is to be downloaded to establish a database on the effects of blasts. Researchers expect to study the information and use it to develop safer helmets.
IEDs are the top cause of brain injuries for U.S. troops, account for almost 80% of all wounds, and are responsible for 60% of those killed.
Troops near IED explosions can suffer perforated eardrums, ringing in the ears, blurred vision and memory lapses.
Soldiers often return to combat after recovering from a concussion or a bruising of the brain. Research shows that such blasts can cause damage deep inside the brain, and the symptoms may remain hidden for years.
If you or a loved one has suffered a traumatic brain injury in the Philadelphia area, please contact Pomerantz Perlberger & Lewis today to schedule your initial consultation.
The Army's Program Executive Office (PEO) Soldier has outfitted the helmets of soldiers from the 101st Airborne Division with sensors to gauge the violent shaking that occurs when improvised explosive devices, or IEDs, explode near them, said Brig. Gen. Mark Brown, who leads the office. "It's basically a computer chip in a helmet," Brown said.
So far, 1,145 soldiers have received helmet sensors, according to Debi Dawson, a spokeswoman for PEO Soldier, the office charged with developing and fielding equipment needed for combat. The soldiers are scheduled to deploy to Afghanistan in the spring.
The device is to be checked monthly and can record 527 events, ranging from being dropped to being blasted by a bomb. The sensor weighs 6 ounces, runs on a battery that can last six months and fits on the back of the helmet.
To better measure the causes and effects of traumatic brain injury, the Army is working to establish data on what happens to a soldier's head during an IED blast. The sensor will measure the violent pulse of air after an explosion. Energy from this wave courses through the body, damaging brain cells and other organs.
The helmet device also will measure acceleration, the jolt soldiers get from the explosion. The jolt is one of the primary causes of death from an IED because it can snap the neck. The data is to be downloaded to establish a database on the effects of blasts. Researchers expect to study the information and use it to develop safer helmets.
IEDs are the top cause of brain injuries for U.S. troops, account for almost 80% of all wounds, and are responsible for 60% of those killed.
Troops near IED explosions can suffer perforated eardrums, ringing in the ears, blurred vision and memory lapses.
Soldiers often return to combat after recovering from a concussion or a bruising of the brain. Research shows that such blasts can cause damage deep inside the brain, and the symptoms may remain hidden for years.
If you or a loved one has suffered a traumatic brain injury in the Philadelphia area, please contact Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 8:33 AM
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Tuesday, January 8, 2008
Mountain Bus Accident Kills 9, Injures 20
Nine people were killed and 20 injured after a tour bus carrying people on a ski trip left a highway and rolled over Sunday night in southeastern Utah, a highway patrol spokesman said.
At least 50 people were on the Arrow Stage Lines bus when it crashed on Highway 163, about five miles north of Mexican Hat, at 7:30 p.m., said Utah Highway Patrol Trooper Cameron Roden. Troopers reported the road was wet but not icy, he said.
The bus was traveling south from Telluride, Colorado, to Phoenix, Arizona, when it left the right side of the highway and rolled over. Rescue crews took the 20 injured people to hospitals in Utah, Colorado and Arizona, he said.
The Salt Lake Tribune reported that ambulances from Utah, Colorado, Arizona and New Mexico responded to the accident, and a helicopter from Colorado could not fly to the crash site because of winter storms.
Four of the people killed were male, two were female and the gender of one was unknown, Roden said. Most of the passengers were returning home from a weekend ski trip to Telluride, he said.
If you or a loved one has been injured or killed in a vehicle accident in Pennsylvania, please contact the accident attorneys at Pomerantz Perlberger & Lewis today.
At least 50 people were on the Arrow Stage Lines bus when it crashed on Highway 163, about five miles north of Mexican Hat, at 7:30 p.m., said Utah Highway Patrol Trooper Cameron Roden. Troopers reported the road was wet but not icy, he said.
The bus was traveling south from Telluride, Colorado, to Phoenix, Arizona, when it left the right side of the highway and rolled over. Rescue crews took the 20 injured people to hospitals in Utah, Colorado and Arizona, he said.
The Salt Lake Tribune reported that ambulances from Utah, Colorado, Arizona and New Mexico responded to the accident, and a helicopter from Colorado could not fly to the crash site because of winter storms.
Four of the people killed were male, two were female and the gender of one was unknown, Roden said. Most of the passengers were returning home from a weekend ski trip to Telluride, he said.
If you or a loved one has been injured or killed in a vehicle accident in Pennsylvania, please contact the accident attorneys at Pomerantz Perlberger & Lewis today.
posted by Lynn at 8:30 AM
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Monday, January 7, 2008
Ironworker Falls to his Death At Construction Site
An ironworker doing construction at Temple University's new medical building in North Philadelphia died recently after accidentally falling about five stories, authorities said.
Federal investigators immediately opened a probe of Berlin Steel Construction Co. of Connecticut, which has come under scrutiny in the past for accidental falls. The company did not return calls yesterday.
The victim, Drew Mecutchen, 44, of Levittown, Pennsylvania, was described by a colleague as the father of two teenage sons and a man who was always jovial and polite.
Capt. Richard Davis of the Philadelphia Fire Department said medics were called to the site at 3500 N. Broad St., near Venango Street, shortly after 8 a.m. The victim was taken to the adjacent Temple University Hospital, where he was pronounced dead at 8:15. Investigators have not officially released the cause of the fall, but it is possible a harness broke, authorities said.
A woman who answered the phone at Ironworkers Local 401 in Northeast Philadelphia but did not want to be identified said she had known Mecutchen for seven years. She called him jovial, polite and an "amazing man - just a decent human being."
Work at the Temple site, where construction cranes stood still against the scaffolding and steel skeletal frame of the medical building to come, was shut down. Jelesiewicz said work would not resume until after the New Year's holiday.
Police initially were told the man fell from the 10th floor to the fourth floor, where he landed on rebar wire. Davis said he believes the victim fell off scaffolding equal to five stories. Those in the area immediately began yelling for help.
Investigators from the Department of Labor and Occupational Health and Safety Administration were called to the scene. OSHA investigator John Quinn said it appeared that Mecutchen was wearing a harness as he was welding on an improvised floor structure when he fell. Companies are required by federal law to secure the perimeters of buildings and scaffolding during construction.
If you or a loved one has been injured or killed at a construction site in Philadelphia, or anywhere in Pennsylvania, please contact the attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
Federal investigators immediately opened a probe of Berlin Steel Construction Co. of Connecticut, which has come under scrutiny in the past for accidental falls. The company did not return calls yesterday.
The victim, Drew Mecutchen, 44, of Levittown, Pennsylvania, was described by a colleague as the father of two teenage sons and a man who was always jovial and polite.
Capt. Richard Davis of the Philadelphia Fire Department said medics were called to the site at 3500 N. Broad St., near Venango Street, shortly after 8 a.m. The victim was taken to the adjacent Temple University Hospital, where he was pronounced dead at 8:15. Investigators have not officially released the cause of the fall, but it is possible a harness broke, authorities said.
A woman who answered the phone at Ironworkers Local 401 in Northeast Philadelphia but did not want to be identified said she had known Mecutchen for seven years. She called him jovial, polite and an "amazing man - just a decent human being."
Work at the Temple site, where construction cranes stood still against the scaffolding and steel skeletal frame of the medical building to come, was shut down. Jelesiewicz said work would not resume until after the New Year's holiday.
Police initially were told the man fell from the 10th floor to the fourth floor, where he landed on rebar wire. Davis said he believes the victim fell off scaffolding equal to five stories. Those in the area immediately began yelling for help.
Investigators from the Department of Labor and Occupational Health and Safety Administration were called to the scene. OSHA investigator John Quinn said it appeared that Mecutchen was wearing a harness as he was welding on an improvised floor structure when he fell. Companies are required by federal law to secure the perimeters of buildings and scaffolding during construction.
If you or a loved one has been injured or killed at a construction site in Philadelphia, or anywhere in Pennsylvania, please contact the attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 2:36 PM
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Friday, January 4, 2008
Pain Patch Gets Second Safety Warning
Johnson & Johnson's Duragesic pain patch and its generic equivalents got a second safety warning from U.S. regulators, who said improper use continues to cause deaths and life-threatening breathing difficulty.
The Food and Drug Administration announced the warning in a statement December 21, 2007, urging doctors to take care in prescribing the skin patch and to educate patients about how to use it. The product contains fentanyl, a narcotic, and is used mostly to treat cancer pain, the agency in Rockville, Maryland, said.
The FDA issued an alert on the patch in July 2005 after 120 patients taking the drug died. The agency said it still gets reports of "a small number"' of deaths and life-threatening side effects when doctors prescribe the medicine incorrectly, such as for patients with minor pain or no tolerance for opioids, or when patients use it more often than directed.
"It's not a large number of cases that we're talking about," said Bob Rappaport, director of the FDA's Division of Anesthesia, Analgesia and Rheumatology Products, in a conference call with reporters. "There are really just a small number of cases that are very concerning because they are preventable."
J&J officials said in a filing with the U.S. Securities and Exchange Commission in August that they faced 100 lawsuits over the Duragesic patch. Since 2006, two juries have ordered the New Brunswick, New Jersey-based drugmaker to pay a total of $6.2 million in damages to the families of pain-patch users who died after the devices leaked.
If you or a loved one has suffered or died as a result of medical malpractice in Philadelphia or anywhere in Pennsylvania, please contact the attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
The Food and Drug Administration announced the warning in a statement December 21, 2007, urging doctors to take care in prescribing the skin patch and to educate patients about how to use it. The product contains fentanyl, a narcotic, and is used mostly to treat cancer pain, the agency in Rockville, Maryland, said.
The FDA issued an alert on the patch in July 2005 after 120 patients taking the drug died. The agency said it still gets reports of "a small number"' of deaths and life-threatening side effects when doctors prescribe the medicine incorrectly, such as for patients with minor pain or no tolerance for opioids, or when patients use it more often than directed.
"It's not a large number of cases that we're talking about," said Bob Rappaport, director of the FDA's Division of Anesthesia, Analgesia and Rheumatology Products, in a conference call with reporters. "There are really just a small number of cases that are very concerning because they are preventable."
J&J officials said in a filing with the U.S. Securities and Exchange Commission in August that they faced 100 lawsuits over the Duragesic patch. Since 2006, two juries have ordered the New Brunswick, New Jersey-based drugmaker to pay a total of $6.2 million in damages to the families of pain-patch users who died after the devices leaked.
If you or a loved one has suffered or died as a result of medical malpractice in Philadelphia or anywhere in Pennsylvania, please contact the attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 8:58 AM
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Thursday, January 3, 2008
Companies Trying to Stop Whistleblowers from Collecting
The Supreme Court has made it more difficult for whistleblowers to share in the proceeds from fraud lawsuits against government contractors. The court recently ruled that James Stone, an 81-year-old retired engineer, may not collect a dime for his role in exposing fraud at the now-closed Rocky Flats nuclear weapons plant northwest of Denver, Colorado.
Justice Antonni Scalia said Stone was not an original source of the information that resulted in Rockwell International, now part of aerospace giant Boeing, being ordered to pay the government over $4 million for fraud connected with environmental cleanup at the Rocky Flats Plant.
The company wanted the justices to restrict when an individual can collect for suing on the government’s behalf.
If you or someone you know was a whistleblower and needs legal representation to protect your rights and get you the monetary compensation you deserve, please contact a Philadelphia Qui Tam Attorney at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
Justice Antonni Scalia said Stone was not an original source of the information that resulted in Rockwell International, now part of aerospace giant Boeing, being ordered to pay the government over $4 million for fraud connected with environmental cleanup at the Rocky Flats Plant.
The company wanted the justices to restrict when an individual can collect for suing on the government’s behalf.
If you or someone you know was a whistleblower and needs legal representation to protect your rights and get you the monetary compensation you deserve, please contact a Philadelphia Qui Tam Attorney at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 9:17 AM
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Wednesday, January 2, 2008
Hospital Sued for Obstruction of Justice for First Time
The North Carolina Court of Appeals recently ruled that a hospital may be sued for obstruction of justice if it fails to produce x-rays requested by a patient. This ruling was prompted by a recent case involving High Point Regional Hospital in North Carolina and a man, Tommy Grant, who died of cancer; the man's attorney tried several times to get the x-rays of the man's knee but to no avail.
In September 2000, Mr. Grant went to the ER of High Point Regional Hospital with terrible knee pain. X-rays were taken, but no diagnosis of cancer was made and Mr. Grant was not referred to a specialist. He died three years later of knee cancer, but by the time the cancer was diagnosed, it was incurable and terminal.
Six months after his death, the man's family inquired about a medical malpractice suit, and Mr. Grant's attorney wrote a letter to the hospital requesting his knee x-rays from 2000; he received no response. He made numerous calls and written requests but could not get a straight answer regarding the x-rays. Eight days after the initial request, a hospital employee told the attorney the x-rays "could not be found." When the hospital was subpoenaed to produce the x-rays, it responded by saying the x-rays were "not in the descendant's folder" and "had not been checked out."
This case is especially significant in North Carolina because the state requires that, before a malpractice case is filed, the attorney for the plaintiff must certify to the court that the case has been examined by an expert with similar qualifications as the defendant. The expert must render an opinion that the defendant was, indeed, negligent. The certification must further state that the examining doctor is also willing to testify against the defendant. Without the x-rays in this case, no expert could examine them and testify that the defendant was negligent.
Mr. Grant's family then sued for obstruction of justice alleging the hospital was guilty of obstructing justice because it either destroyed or failed to maintain proper medical records (x-rays) and as a result of that failure, the family could not pursue their medical malpractice case against the hospital. The case was dismissed by a trial court, but the North Carolina Court of Appeals ruled that the acts alleged by the hospital, if true, would be acts of obstruction of justice. The decision was unanimous in the Court of Appeals in favor of Mr. Grant's family.
This case was a landmark decision and hugely significant for medical malpractice claimants. This decision may help eliminate the common problem of "lost" medical records needed to help prove medical negligence and/or malpractice.
If you or a loved one has suffered due to medical negligence in Philadelphia or anywhere in Pennsylvania, please contact the medical malpractice attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
In September 2000, Mr. Grant went to the ER of High Point Regional Hospital with terrible knee pain. X-rays were taken, but no diagnosis of cancer was made and Mr. Grant was not referred to a specialist. He died three years later of knee cancer, but by the time the cancer was diagnosed, it was incurable and terminal.
Six months after his death, the man's family inquired about a medical malpractice suit, and Mr. Grant's attorney wrote a letter to the hospital requesting his knee x-rays from 2000; he received no response. He made numerous calls and written requests but could not get a straight answer regarding the x-rays. Eight days after the initial request, a hospital employee told the attorney the x-rays "could not be found." When the hospital was subpoenaed to produce the x-rays, it responded by saying the x-rays were "not in the descendant's folder" and "had not been checked out."
This case is especially significant in North Carolina because the state requires that, before a malpractice case is filed, the attorney for the plaintiff must certify to the court that the case has been examined by an expert with similar qualifications as the defendant. The expert must render an opinion that the defendant was, indeed, negligent. The certification must further state that the examining doctor is also willing to testify against the defendant. Without the x-rays in this case, no expert could examine them and testify that the defendant was negligent.
Mr. Grant's family then sued for obstruction of justice alleging the hospital was guilty of obstructing justice because it either destroyed or failed to maintain proper medical records (x-rays) and as a result of that failure, the family could not pursue their medical malpractice case against the hospital. The case was dismissed by a trial court, but the North Carolina Court of Appeals ruled that the acts alleged by the hospital, if true, would be acts of obstruction of justice. The decision was unanimous in the Court of Appeals in favor of Mr. Grant's family.
This case was a landmark decision and hugely significant for medical malpractice claimants. This decision may help eliminate the common problem of "lost" medical records needed to help prove medical negligence and/or malpractice.
If you or a loved one has suffered due to medical negligence in Philadelphia or anywhere in Pennsylvania, please contact the medical malpractice attorneys at Pomerantz Perlberger & Lewis today to schedule your initial consultation.
posted by Lynn at 9:09 AM
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